i/t 


SUMMARIES  OF  STATE  LAWS 
RELATING  TO  THE  INSANE 


PREPARED  ORIGINALLY  BY 

JOHN  KOREN 

REVISED  BY 

S.  W.  HAMILTON,  M.  D. 
ROY  HABER,  LL.  B.,  A.  M. 


THE  NATIONAL  COMMITTEE  FOR  MENTAL  HYGIENE,  INC. 

50  Union  Square,  New  York 

1917 


iblication  No.  10 


SUMMARIES  OF  STATE  LAWS 
RELATING  TO  THE  INSANE 


SUMMARIES  OF  STATE  LAWS 
RELATING  TO  THE  INSANE 


PREPARED  ORIGINALLY  BY 

JOHN  KOREN 


REVISED  BY 

S.  W.  HAMILTON,  M.  D. 
ROY  HABER,  LL.  B.,  A.  M. 


THE  NATIONAL  COMMITTEE  FOR  MENTAL  HYGIENE,  INC. 

50  Union  Square,  New  York 

1917 


Copyrighted  1918 

Persons  may  quote  from  these  summaries  freely,  provided 
appropriate  credit  be  given. 


The  National  Committee  for  Mental  Hygiene 


50  UNION  SQUARE,   NEW  YORK  CITY 


Founded  1909 


Incorporated  1916 


President 
DR.   LEWELLYS   F.   BARKER 


CHARLES   W.   ELIOT 


Vice-Presidents 


DR.   WALTER   B.   JAMES 


DR.   WILLIAM   H.   WELCH 

Treasurer 
OTTO   T.   BANNARD 

DR.  WILLIAM  L.  RUSSELL,  Chairman,  Executive  Committee 
RUSSELL  H.  CHITTENDEN,  Chairman,  Finance  Committee 
DR.  WALTER  E.  FERNALD,  Chairman,  Committee  on  Mental  Deficiency 
DR.  CHARLES  L.  DANA,  Chairman,  War  Work  Committee 

Executive  Officers 

DR.  THOMAS  W.  SALMON,  Medical  Director 
DR.  FRANKWOOD   E.  WILLIAMS,  Associate  Medical  Director 
CLIFFORD  W.  BEERS,'  Seer etary 


MRS.  MILO  M.  ACKER,  Hornell,  N.  Y. 

JANE  ADDAMS,  Chicago 

EDWIN  A.  ALDERMAN,  Charlottesville,  Va. 

MRS.  A.  A.  ANDERSON,  Greenwich,  Conn. 

DR.  PEAHCE  BAILEY,  New  York 

DR.  CHAS.  P.  BANCROFT,  Concord,  N.  H. 

OTTO  T.  BANNARD,  New  York 

DR.  LEWELLYS  F.  BARKER,  Baltimore 

DR.  ALBERT  M.  BARRETT,  Ann  Arbor,  Mich. 

DR.  FRANK  BILLINGS,  Chicago 

SURG.  GEN.  RUPERT  BLUE,  Washington 

DR.  GEORGE  BLUMER,  New  Haven 

DR.  G.  ALDER  BLUMER,  Providence 

WILLIAM  H.  BURNHAM,  Worcester 

DR.  C.  MACFIE  CAMPBELL,  Baltimore 

RUSSELL  H.  CHITTENDEN,  New  Haven 

DR.  L.  PIERCE  CLARK,  New  York 

DR.  WILLIAM  B.  COLBY,  New  York 

DR.  OWEN  COPP,  Philadelphia 

DR.  CHARLES  L.  DANA,  New  York 

C.  B.  DAVENPORT,  Cold  Spring  Harbor 

STEPHEN  P.  DUGGAN,  New  York 

CHARLES  W.  ELIOT,  Cambridge 

DR.  CHAS.  P.  EMERSON,  Indianapolis 

ELIZABETH  E.  FAHRELL,  New  York 

W.  H.  P.  FAUNCE,  Providence 

KATHERINE  S.  FELTON,  San  Francisco 

DR.  WALTER  E.  FERNALD,  Boston 

JOHN  H.  FINLEY,  Albany 

IRVING  FISHER,  New  Haven 

MATTHEW  C.  FLEMING,  New  York 

HOMER  FOLKS,  New  York 

DR.  CHARLES  H.  FRAZIER,  Philadelphia 

JAMES,  CARDINAL  GIBBONS,  Baltimore 

ARTHUR  T.  HADLEY,  New  Haven 

DR.  WILLIAM  HEALEY,  Boston 

DR.  ARTHUR  P.  HERRING,  Baltimore 

HENRY  L.  HIGGINSON,  Boston 

DR.  AUGUST  HOCH,  Montecito,  Cal. 

WM.  J.  HOGGSON,  Greenwich,  Conn. 

DR.  WALTER  B.  JAMES,  New  York 

MRS.  WILLIAM  JAMES,  Cambridge 

HARRY  PRATT  JUDSON,  Chicago 


DR.  CHARLES  G.  KERLEY,  New  York 

DR.  GEORGE  H.  KIRBY,  New  York 

FRANKLIN  B.  KIHKBRIDE,  New  York 

DR.  GEORGE  M.  KLINE,  Boston 

JOHN  KOREN,  Boston 

JULIA  C.  LATHROP,  Washington 

ADOLPH  LEWISOHN,  New  York 

SAMUEL  McCuNE  LINDSAY,  New  York 

DR.  CHARLES  S.  LITTLE,  Thiells,  N.  Y. 

GEORGE  P.  MCLEAN,  Simsbury,  Conn. 

V.  EVERIT  MACY,  Scarborough,  N.  Y. 

MARCUS  M.  MARKS,  New  York 

MRS.  WILLIAM  S.  MONROE,  Chicago 

DR.  J.  MONTGOMERY  MOSHER,  Albany 

DR.  FRANK  P.  NORBURY,  Jacksonville,  111. 

CYRUS  NORTHROP,  Minneapolis 

WM.  CHURCH  OSBORN,  New  York 

DR.  STEWART  PATON,  Princeton 

DR.  FREDERICK  PETERSON,  New  York 

HENRY  PHIPPS,  New  York 

GIFFORD  PINCHOT,  Washington 

FLORENCE  M.  RHETT,  New  York 

DR.  ROBERT  L.  RICHARDS,  Talmage,  Cal. 

MRS.  CHARLES  C.  RUMSEY,  New  York 

DR.  WM.  L.  RUSSELL,  White  Plains,  N.  Y. 

JACOB  GOULD  SCHURMAN,  Ithaca 

DR.  ELMER  E.  SOUTHARD,  Boston 

DR.  M.  ALLEN  STARR,  New  York 

DR.  HENRY  R.  STEDMAN,  Brookline,  Mass. 

ANSON  PHELPS  STOKES,  New  Haven 

DR.  CHAS.  F.  STOKES,  New  York 

DR.  FREDERICK  TILNEY,  New  York 

VICTOR  MORRIS  TYLER,  New  Haven 

MRS.  WM.  K.  VANDEHBILT,  New  York 

HENRY  VAN  DYKE,  Princeton 

DR.  HENRY  P.  WALCOTT,  Cambridge 

LILLIAN  D.  WALD,  New  York 

DR.  WILLIAM  H.  WELCH,  Baltimore 

BENJAMIN  IDE  WHEELER,  Berkeley,  Cal. 

DR.  WM.  A.  WHITE,  Washington 

DR.  HENRY  SMITH  WILLIAMS,  New  York 

ROBERT  A.  WOODS,  Boston 

ROBERT  M.  YERKES,  Minneapolis 


CHIEF  PURPOSES:  T 
mental  defects  in  all  the 
the  standards  of  care  an 
every  State  an  affiliated  Society  for  Mental  Hygiene. 


ork  for  the  conservation  of  mental  health;  to  promote  the  study  of  mental  disorders  and 


forms  and  relations;  to  obtain  and  disseminate  reliable  data  concerning  them;  to  help  raise 
nd  treatment;  to  help  co-ordinate  existing  agencies,  Federal,  State  and  local,  and  to  organize  in 


Inquiries  regarding  the  work  of  the  Committee,  including  its  quarterly  magazine  "MENTAL  HYGIENB",  and 
requests  for  publications  issued  or  distributed  by  the  organization  should  be  addressed  to  The  National  Committee 
for  Mental  Hygiene,  50  Union  Square,  New  York  City. 


2061647 


CONTENTS 


PAGE 


Officers,  Members,  and  Chief  Purposes  of  The  National  Committee  for 

Mental  Hygiene iii 

Introduction vii-x 

Preface  to  Revision  of  1917 xi 

Alabama 1 

Alaska 5 

Arizona 7 

Arkansas 11 

California 16 

Colorado 25 

Connecticut 31 

Delaware 38 

District  of  Columbia 42 

Florida 47 

Georgia 51 

Idaho 55 

Illinois 58 

Indiana 65 

Iowa 73 

Kansas 79 

Kentucky 86 

Louisiana 90 

Maine 94 

Maryland 101 

Massachusetts 106 

Michigan 117 

Minnesota 124 

Mississippi 131 

Missouri 134 

Montana 138 

Nebraska 142 

Nevada 148 

New  Hampshire 151 

New  Jersey • 156 

New  Mexico 162 

New  York t 164 

North  Carolina 180 

North  Dakota 186 

Ohio 192 

Oklahoma 199 

Oregon 205 

Pennsylvania 208 

Rhode  Island 216 

South  Carolina 222 

South  Dakota 226 

Tennessee 231 

Texas 236 

Utah 239 

Vermont 243 

Virginia 247 

Washington 253 

West  Virginia 257 

Wisconsin 262 

Wyoming 270 

v 


INTRODUCTION 

The  National  Committee  for  Mental  Hygiene  is  pledged  among 
other  things  "to  work  for  the  conservation  of  mental  health  and 
to  help  raise  the  standards  of  care  and  treatment  for  those  suffer- 
ing from  mental  disorder."  As  a  contribution  toward  these  pur- 
poses, it  presents  this  volume,  summarizing  the  laws  relating  to 
the  commitment  and  care  of  the  insane  in  the  United  States. 

From  their  very  nature  mental  disorders  have  always  been  made 
the  subject  of  public  supervision  and  therefore  of  legislation.  In 
their  inception,  the  laws  relating  to  the  insane  merely  intended  to 
safeguard  the  public  against  a  class  of  unfortunates  who  were  con- 
sidered dangerous  to  others.  With  the  modern  conception  of  the 
mentally  disordered  as  sick  persons  who  are  amenable  to  treatment, 
and  whose  ailments  are  more  or  less  preventable,  has  arisen  a  new 
body  of  legislation  which  seeks  to  realize  higher  ideals.  These 
ideals  must  be  reached  primarily  by  aid  of  wise  laws,  for  not  only 
are  most  of  the  mentally  sick  charges  thrown  upon  public  sup- 
port, but  mental  infirmity  involves  a  peculiar  separation  from  soci- 
ety of  uncertain  duration,  and  this  separation  brings  questions  of 
personal  liberty,  property  rights,  guardianship,  supervision,  etc.,  all 
of  which  are  matters  for  legal  regulation.  To  deal  more  adequately 
with  the  problem  of  insanity  is,  therefore,  first  of  all  a  question  of 
adjusting  our  laws  to  meet  the  many  perplexing  sides  it  presents. 

It  is  a  common  observation  that  states  with  highly  developed 
systems  for  the  care  and  treatment  of  the  insane  also  have  the  best 
and  most  complete  laws  on  the  subject.  On  the  other  hand,  where 
standards  of  care  are  comparatively  low  and  the  provisions  for  the 
mentally  ill  inadequate,  one  is  as  certain  to  find  the  laws  rudimen- 
tary and  insufficient.  In  short,  the  insanity  laws  reflect  with 
much  fidelity  the  status  of  public  care  given  the  insane. 

In  view  of  the  great  importance  of  the  legislation  under  consid- 
eration, it  deserves  far  more  public  attention  than  is  given  it.  Each 
one  of  the  forty-eight  states  of  the  Union  has  its  body  of  laws  in 
regard  to  the  care  and  commitment  of  the  insane.  Although  there 
are  not  forty-eight  different  systems  of  laws,  since  some  states  have 
been  content  to  copy  general  features  from  other  states,  there  is  a 
bewildering  diversity  of  legislation,  showing  all  stages  of  develop- 
ment or  lack  of  development  in  the  care  of  the  insane.  The  insanity 
laws  as  they  stand  to-day  impress  one,  beyond  the  fact  that  so 


many  of  them  are  wholly  inadequate,  as  the  product  of  hasty,  un- 
systematic tinkering.  Very  few  constitute  a  well-rounded  whole 
or  bear  marks  of  far-sighted  study.  Indeed,  most  of  the  laws  are 
built  upon  ancient  structures  to  which  additions  have  been  made  as 
exigencies  arose.  Perhaps  the  most  characteristic  thing  about  the 
insanity  laws  is  that  they  are  constantly  being  mended  and  amended. 

For  the  greater  part  the  laws  present  a  chaotic  mass,  which  it  is 
exceedingly  difficult  to  survey.  To  reduce  it  to  comparable  dimen- 
sions has  been  the  task.  The  National  Committee  for  Mental 
Hygiene  believes  that,  in  presenting  these  summaries,  it  is  perform- 
ing a  service  which  conforms  to  its  programme.  By  setting  forth 
systematically  what  the  laws  of  the  different  states  prescribe  in 
regard  to  the  insane  and  the  various  provisions  made  for  them,  a 
comparative  study  of  legislation  is  made  possible,  which  should 
prove  useful  alike  to  the  legislator,  to  those  specifically  charged 
with  the  supervision  and  care  of  the  insane,  and  to  all  persons  inter- 
ested. If  better  systems  and  higher  standards  and,  above  all,  gen- 
eral uniformity  in  legislation  are  to  be  attained,  the  first  step  is  an 
exposition  in  convenient  form  of  existing  laws.  This  and  little 
more  the  present  publication  would  supply. 

The  summaries  cover  the  existing  laws  in  each  state,  including 
Alaska  and  the  District  of  Columbia.  The  legal  provisions  made 
for  the  insane  outside  of  Continental  United  States  have  not  been 
considered.  The  summaries  are  based  upon  a  first-hand  exam- 
ination of  the  present  codes  and  statutes  of  the  respective  states, 
ending  with  first  half  of  the  year  1917. 

In  order  to  present  the  summaries  in  a  convenient  form  for  com- 
parisons between  states  in  regard  to  the  most  important  provisions 
of  the  laws,  it  was  necessary  to  adopt  a  uniform  scheme.  There- 
fore the  extracts  of  the  laws  of  the  different  states  are  given  under 
specified  headings  regardless  of  the  fact  that  the  codes  and  statutes 
follow  a  different  order  of  presentation. 

The  matter  contained  in  the  summaries  has  been  gathered  under 
the  following  general  heads: 

1.  ADMINISTRATION  AND  SUPERVISION. 

a.  General. 

b.  Institutional. 

2.  CARE. 

a.  In  state  institutions. 

b.  In  local  institutions. 

3.  COMMITMENT. 

a.  Persons  committed. 

b.  Legal  procedure  in  commitment. 

c.  Voluntary  admission. 


IX 

d.  Appeal  from  commitment. 

e.  Cost  of  commitment. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL. 

5.  TRANSFER  OF  PATIENTS. 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS. 

7.  COST    OF    MAINTENANCE. 

8.  CRIMINAL  INSANE. 

In  a  useful  summary  of  state  systems  of  care  of  the  insane 
belongs,  self-evidently,  a  statement  not  only  of  institutional  man- 
agement, but  of  general  administration  and  supervision.  There- 
fore, the  composition,  general  powers  and  duties  of  state  boards  of 
insanity,  state  boards  of  charities  and  corrections  and  other  super- 
visory bodies  are  given  in  some  detail.  It  also  seemed  desirable  to 
outline  briefly  what  the  laws  prescribe  in  regard  to  institutional 
management. 

The  portions  of  the  law  contained  under  divisions  3,  6  and  8  have 
been  summarized  with  due  regard  to  details  as  they  are  of  special 
importance.  The  original  text  has  been  followed  as  closely  as  pos- 
sible. Briefer  statements  could  have  been  obtained  by  greater 
avoidance  of  the  language  of  the  statutes,  but  not  without  a  definite 
loss  and  perhaps  the  bewilderment  of  persons  familiar  with  the 
laws  of  their  own  state.  A  great  mass  of  mere  verbiage  has  been 
excluded.  The  prescriptions  concerning  forms  of  records,  interroga- 
tories, etc.,  were  wholly  omitted  as  lacking  in  general  interest  and 
making  for  inordinate  length. 

A  few  codes  make  much  of  prescriptions  that  in  most  instances 
are  left  to  the  discretion  of  boards  of  managers  of  hospitals,  for 
instance,  in  regard  to  postal  facilities  for  patients  and  the  like. 
Matters  of  this  kind  were  usually  omitted,  likewise  the  often  very 
lengthy  enactments  concerning  bookkeeping,  financial  statements, 
forms  of  reports,  etc. 

The  unequal  emphasis  placed  by  the  codes  upon  the  obviously 
important  and  obviously  unimportant  is  necessarily  reflected  in  the 
summaries;  and,  from  the  point  of  view  of  some  persons,  things 
may  have  been  omitted  which  they  regard  as  significant.  This 
was  unavoidable  as  the  views  of  individuals  in  this  respect  differ. 
It  is  believed,  however,  that  the  essentials  of  the  laws  have  been 
faithfully  stated. 

Of  course  in  many  instances  the  laws  of  certain  states  contain 
enactments  of  which  counterparts  are  not  found  in  others.  This 
accounts  for  the  blanks  under  some  headings.  In  other  instances, 
apparent  omissions  mean  that  the  matters  in  question  have  not 
been  made  the  object  of  general  legislation,  but  are  left  to  the  regu- 
lation of  the  boards  of  trustees  of  the  hospitals  or  other  officials. 


Although  the  criminal  insane  are  relatively  few,  the  legal  pro- 
visions in  regard  to  them  have  been  stated  in  some  detail  because 
the  importance  of  the  subject  is  more  and  more  being  recognized. 

The  numbers  in  the  margin  make  it  possible  at  once  to  refer  to 
the  original  code  or  statute  from  which  the  section  in  question  was 
taken.  For  the  greater  part  the  different  paragraphs  have  not 
been  furnished  with  sub-heads.  The  general  headings  make  it 
clear  what  they  deal  with,  so  that  the  reader  will  have  little  diffi- 
culty in  orienting  himself.  J.  K. 


PREFACE  TO  REVISION  OF  1917 

As  many  states  have  made  changes  in  their  statutes,  a  new  edi- 
tion of  this  work  seems  desirable  in  order  that  the  latest  informa- 
tion may  be  available.  Only  minor  changes  have  been  made  in 
the  plan  of  the  work.  A  directory  of  state  institutions  for  the  insane 
has  been  included,  so  that  the  possessor  of  the  book  may  have  that 
information  at  hand  without  consulting  some  other  document.  A 
new  section  has  been  added  relative  to  voluntary  admission. 
This  is  a  subject  of  increasing  importance,  many  states  now  recog- 
nizing the  desirability  of  allowing  patients  to  seek  help  in  this  way. 

Attention  is  invited  to  the  growing  tendency  in  legislation  to 
lessen  the  rigors  of  commitment  and  to  emphasize  the  medical  rather 
than  the  legal  aspects  of  insanity  in  providing  relief  for  those 
afflicted  with  mental  diseases.  S.  W.  H. 

R.  H. 


ALABAMA 

Authorities : 

Code  of  Alabama,  1907 
Amendments  of  1915 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     There   is   in   Alabama   no    central   administrative 

or  supervisory  board  of  charitable  institutions.     There  is,  however,  trustees! 
a  corporation  under  the  name  of  "The  Alabama  Insane  Hospitals"  C°8d3e<;. 
that  manages  and  controls  the  two  state  hospitals  for  the  insane  and    f^; 
any  other  allied  state  institutions,  such  as  those  for  the  care  and    842' 
treatment  of  epileptics,  feebleminded,  inebriates,  and  the  like,  that 
may  at  any  time  be  confided  to  it  by  law. 

The  corporation,  or  board  of  trustees,  consists  of  seven  members, 
each  member  holding  office  for  seven  years.  The  governor  is 
ex-officio  the  presiding  officer  of  the  board.  Four  of  the  trustees 
must  be  licensed  physicians;  three  must  reside  near  the  Bryce 
Hospital;  two,  convenient  to  the  Mount  Vernon  Hospital.  They' 
receive  no  salary  but  are  allowed  their  traveling  expenses  while  on 
official  business.  Vacancies  are  filled  by  the  board  itself,  subject 
to  confirmation  of  the  senate. 

The  board  reviews  and  investigates  the  affairs  of  the  hospitals,    844- 
and  must  annually  prepare  and  transmit  to  the  governor  a  full  report 
of  the  wants,  interests,  conditions,  receipts,  and  expenditures  of  the 
hospitals  for  the  preceding  fiscal  year.     It  prepares  a  book  of  rules 
for  the  government  and  instruction  of  the  employees  of  the  hospitals.    84S- 

For  the  immediate  government  and  control  of  the  hospitals,  the 
board  of  trustees  elects  a  superintendent,  who  is  the  executive  officer  Superintend- 
of  the  board,  for  a  term  of  not  less  than  eight  years,  and  determines  en847. 
his  salary.     The  superintendent  may  be  removed  from  office  by  the 
board  of  trustees  for  just  cause.     The  superintendent,  subject  to 
the  approval  of  the  trustees,  appoints  all  the  assistant  physicians,    84»- 
stewards,  managers,  supervisors,  nurses,  and  other  employees  of  the 
hospitals.     He  has  power  to  remove  any  of  them  from  the  employ 
of  the  hospitals  at  his  discretion. 

b.  Institutional.     There  are  no  local  boards  of  trustees.     Each 
hospital  is  under  the  direct  supervision  of  an  assistant  superin- 
tendent, who  is  responsible  to  the  general  superintendent.     (See 
a.  General.) 


2.  CARE 

a.  In  state  institutions. 

The  Bryce   Hospital,   Tuscaloosa;   established    1860;  1,800   beds. 

(For  whites  exclusively.) 
The  Mount  Vernon  Hospital,  Mount  Vernon;  established  1902; 

1,000  beds.     (For  negroes  exclusively.) 
The  criminal  insane  are  received  at  both  hospitals. 

b.  In  local  institutions.     The  court  of  county  commissioners  has 
the  duty  of  supporting  the  poor  of  their  county,  including  the 
insane  who  can  not  be  maintained  at  the  state  hospitals.     The 
poorhouses  in  which  the  insane  may  be  kept  are  under  the  man- 
agement of  the  court  of  county  commissioners. 

3.  COMMITMENT 

a.  Persons  committed.     A  person  is  defined  as  insane  and  there- 

854.  fore  suitable  for  commitment  to  a  state  hospital  if  he  has  been  found 
by  a  proper  court  deficient  or  defective  mentally  so  that  for  his  own 
or  others'  welfare  his  removal  is  required  for  restraint,  care,  and 
treatment. 

855.  The  superintendent  is  authorized,  when  the  hospitals  are  crowded 
to  accept  only  those  patients  that  are  offensively  troublesome  or 
dangerous  to  their  own  welfare  and  to  decline  those  that  are  harm- 
less or  helpless.     He  may  arrange  with  the  probate  judges  to  ex- 
change harmless  patients  in  the  hospital  for  those  that  are  dangerous. 

pjHcation.  b.  Legal  procedure  in  commitment.  Application  for  the  ad- 
mission of  a  person  to  the  insane  hospital  must  be  made  to  the  judge 
of  probate  in  the  county  in  which  the  alleged  insane  person  resides. 
If  the  judge  of  probate  after  due  investigation  finds  the  case  a  suit- 
able one,  he  must  make  application  to  the  superintendent  for  the 
admission  of  the  patient,  accompanying  it  with  full  and  explicit 
answers  to  prescribed  interrogatories  concerning  the  patient.  When 
informed  by  the  superintendent  that  the  person  can  be  received  as  a 

vestigation.  patjent)  the  judge  of  probate  must  call  witnesses,  at  least  one  of 
whom  must  be  a  physician,  and  fully  investigate  the  facts  of  the 
case,  either  with  or  without  a  jury,  and  either  with  or  without  the 
presence  in  the  court  of  the  person  in  question.  If  the  judge  or 
the  jury  believe  the  person  is  sufficiently  defective  mentally  to  be 
sent  to  a  hospital  for  insane  persons,  the  judge  must  make  two 
copies  of  the  certificate  of  the  mental  disqualifications,  without 
which  no  person  may  be  admitted,  one  of  which  is  to  be  filed  in  his 
office,  and  the  other  to  be  sent  with  the  patient  to  the  hospital. 

c.  Voluntary  admission. 


3  ALABAMA 

d.  Appeal  from  commitment.     At  any  time  after  an  inquisition*  J™|£ti£ngof 
for  guardianship,  the  person  ascertained  to  be  of  unsound  mind,  by    «3sa. 
himself,  or  by  next  friend,  may  apply  in  writing  to  the  court  of  pro- 
bate for  a  revocation  of  the  proceedings,  the  application  to  be 
accompanied  by  the  certificate  of  two  physicians,  or  of  two  other 
competent  persons,  stating  that  after  examination  of  such  person, 

they'  believe  him  to  be  of  sound  mind.     Not  more  than  ten  days    4353' 
thereafter,  a  hearing  must  be  held. 

If  the  allegations  of  the  application  are  denied,  the  court  must  J^y  trifi. 
summon  a  jury  to  try  the  case;  and  the  same  proceedings  must  be 
had  as  upon  the  original  inquisition.  If  there  is  no  contest,  and  the 
court  is  satisfied  of  the  truth  of  the  application,  he  must  revoke 
the  proceedings  on  the  inquisition  and  the  guardianship,  and  declare 
the  ward  restored  to  the  custody  and  management  of  his  estate. 

If  the  verdict  of  the  jury  negatives  the  facts  cited  in  the  applica-    4353. 
tion,  a  judgment  of  dismissal,  at  the  cost  of  the  applicant,  or  next 
friend,  must  be  entered. 

Any  person  who  is  restrained  of  liberty  under  any  pretense  what-Habeas^  corpus, 
soever,  may  prosecute  a  writ  of  habeas  corpus. 

e.  Cost  of  commitment.     The  cost  of  commitment  and  of  trans- 
portation to  the  hospital  must  be  paid  by  the  county  treasury  in  the 
case  of  an  indigent  person. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  judge  of  probate  must  require  a  relative,  friend  or  officer,  as  he    860. 
sees  fit,  to  convey  the  patient  to  the  hospital. 

5.  TRANSFER  OF  PATIENTS 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

The  superintendent  may  grant  friends  or  relatives  permission  to1*"^8' 
remove  from  the  hospital  on  trial  at  their  expense  any  harmless 
patient  whom  he  thinks  it  will  benefit.  Such  a  patient  may  be 
returned  by  friends  or  those  in  charge,  but  at  the  expiration  of  six 
months,  if  the  patient  has  not  been  returned,  he  shall  be  regarded  as 
discharged  and  readmission  can  not  be  obtained  without  the  same 
legal  process  as  if  the  patient  never  had  been  admitted. 

When  a  patient  has  been  restored  to  a  normal  and  comparatively 
safe  and  good  mental  condition  sufficiently  long  to  warrant  the 
opinion  by  the  superintendent  that  he  ought  to  be  returned  to  his 
home,  or  set  at  large  again,  the  superintendent  must  inform  the 
friends  or  relatives  of  the  patient's  recovery,  and  if  they  do  not 
furnish  the  money  to  pay  the  traveling  expenses,  he  must  notify  the 
judge  of  probate  of  the  county,  and  the  commissioners  of  the  county 


ALABAMA 


Indigents. 
861. 


863. 


then  pay  out  of  the  county  treasury  the  necessary  expenses  for  the 
return  of  the  patient  to  his  home. 

7.  COST  OF  MAINTENANCE 

The  judge  of  probate  must  examine  the  financial  standing  of  the 
person  adjudged  insane,  and  if  he  has  not  sufficient  means  to  pay  for 
his  support  at  the  hospital,  it  must  be  so  stated  in  the  certificate  of 
won-indigents.  admission  and  the  expense  is  then  borne  by  the  state.  When  a 
patient  or  his  parents  or  guardians  possess  means,  or  his  relatives  or 
friends  care  to  provide  for  his  support,  the  judge  of  probate  must 
contract  with  responsible  parties  for  the  payment  quarterly  in  ad- 
vance of  the  amount  chargeable  for  such  patients,  and  cause  a  bond 
with  sufficient  surety  to  be  made.  The  judge  of  probate  from  each 
county  must  from  time  to  time  at  his  own  instance,  if  his  attention 
is  drawn  to  it  by  the  superintendent  or  other  person,  investigate  the 
financial  standing  of  any  indigent  patient  in  the  hospital  from  his 
county;  and  if  he  finds  him  able  to  pay  for  his  support,  he  must, 
under  penalty  of  having  the  patient  returned  at  the  county's  ex- 
pense to  his  home,  contract  with  responsible  parties  for  the  payment 
in  question.  The  judge  of  probate  can  transfer  a  paying  patient 
who  has  become  indigent  to  the  indigent  class. 

8.  CRIMINAL  INSANE 

No  criminal  or  person  indicted  for  crime,  who  has  been  declared 
insane,  may  be  sent  to  an  insane  hospital  until  the  sheriff  or  other 
officer  having  legal  custody  of  said  patient  has  forwarded  to  the 
superintendent  an  application  and  a  description  of  the  case,  accord- 
ing to  the  form  prescribed  for  judges  of  probate,  together  with  a 
certified  copy  of  the  order  of  the  court. 

When  any  person  sentenced  to  imprisonment  in  the  penitentiary 
or  to  hard  labor  becomes  insane,  the  physician  in  attendance  must 
report  the  fact  to  the  governor,  who  must  appoint  three  suitable 
persons,  one  of  them  a  physician,  to  examine  the  convict,  and  if 
they  declare  him  insane  and  fit  to  be  sent  to  the  hospital,  application 
must  be  directed  for  his  admission.  When  any  insane  convict  is 
brought  to  the  hospital,  instructions  must  always  be  given  to  whom 
his  recovery  is  to  be  reported.  Upon  recovery  of  such  a  patient 
the  proper  officer  must  be  notified  and  immediately  remove  him. 

A  death  sentence  may  be  suspended  during  the  determination  of 
the  sanity  of  a  convict. 


86S. 


Commitment. 
872. 


Insane 

convicts. 

871. 


873. 


7X79- 


ALASKA 

Authority: 

Compiled  Laws  of  Alaska,  1913 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     There  is  no  general  administrative  board  of  chari- 
table institutions.     The  legally  adjudged  insane  of  the  territory 
are  under  the  general  supervision  of  the  secretary  of  the  depart- 
ment of  the  interior  at  Washington,  D.  C. 

b.  Institutional.     The  private  sanitarium  to  which  the  insane 
and  mentally  defective  of  the  territory  are  committed  is  visited 
and  inspected  at  regular  intervals  and  occasionally  is  subjected 
to  special  investigation  by  agents  of  the  United  States  department 
of  the  interior.     The  detention  hospitals  at  Fairbanks  and  Nome 
are  under  the  control  of  the  United  States  marshal  of  the  district 
in  which  they  are  situated. 

2.  CARE 

a.  In  territorial  institutions.     The  territory  has  no  hospital  f or  <^£?|£f ct> 
the  insane.     The  secretary  of  the  interior  receives  bids  for  the  care  La^ 
and  custody  of  those  adjudged  insane  and  contracts  at  his  discretion 

for  their  care  with  some  hospital  or  sanitarium  west  of  the  Rocky 
Mountains.  For  several  years  Morningside  Hospital,  a  private 
institution  near  Portland,  Oregon,  has  cared  for  these  patients. 

b.  In  local  institutions.     At  Fairbanks  and  Nome  are  detention  JfspuS? 
hospitals  for  the  care  of  the  insane  until  they  are  transported  to  the    83a< 
States. 

3.  COMMITMENT 

a.  Persons  committed.     Any  legally  adjudged  insane  person  in    83I< 
the  territory  may  be  given  care  at  the  hospital  with  which  the 
government  has  its  contract. 

b.  Legal  procedure  in  commitment.     Complaint  in  writing  may  c<^Plaint- 
be  made  by  any  adult  person  that  an  insane  person  is  at  large. 

This  complaint  is  made  to  a  commissioner  appointed  by  the  judge  Commissioner- 
of  the  district  court  to  have  probate  jurisdiction.     The  commissioner 
has  the  alleged  insane  person  brought  before  him  and  tries  the  issue 
before  a  jury  of  six  male  adults.     Some  person  must  be  appointed  to  Jury  trlal> 
represent  the  alleged  insane  person  and  if  a  physician  or  surgeon  is 
in  the  vicinity  and  can  be  procured  he  examines  the  patient  and 
testifies.     If  the  jury  unanimously  finds  that  the  person  charged  is 


ALASKA 


6 


insane,  the  commissioner,  if  he  approves  the  verdict,  orders  the 
insane  person  committed  to  the  hospital  for  the  insane. 

c.  Voluntary  admission. 

Habeas  corpus,     d.  Appeal  from  commitment.     Every  person  imprisoned  or  re- 
13981  strained  except  by  virtue  of  a  judgment  or  execution  is  entitled 

to  a  writ  of  habeas  corpus. 

e.  Cost  of  commitment.     All   costs   approved    by   the    district 
judge  are  paid  by  the  clerk  of  the  court. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  United  States  marshal  of  the  district  in  which  the  proceed- 
ings are  held  conveys  the  patient  to  the  hospital. 

5.  TRANSFER   OF  PATIENTS 
6.  PAROLE    AND    DISCHARGE    OF    PATIENTS 

Parole.  While  the  contract  of  the  department  of  the  interior  with  the 

hospital  does  not  specifically  provide  for  the  release  of  persons  on 
parole,  it  is  the  uniform  practice  of  the  department  to  parole 
Alaskan  patients  in  the  custody  of  their  friends  or  relatives  when 
their  condition  warrants,  requiring  the  supplying  of  a  satisfactory 
bond  for  the  safe  care  and  custody  of  the  patient. 

Discharge.  The  patient  is  detained  "until  duly  discharged  by  law,"  the 

government  furnishing  transportation  and  expenses  back  to  Alaska 
for  any  patient  discharged  as  cured. 

7.  COST  OF  MAINTENANCE 

The  cost  of  maintaining  persons  in  the  hospital  and  in  the  deten- 
tion hospitals  is  met  by  appropriations  made  by  Congress. 

8.  CRIMINAL    INSANE 


ARIZONA 

Authorities: 

Revised  Statutes  of  Arizona,  1913 
Laws  of  Arizona,  1917 

i.  ADMINISTRATION  AND  SUPERVISION 
a.  General.     The  commission  of  state  institutions  is  composed  ^t 


of  three  electors  appointed  by  the  governor,  with  the  consent  of  l 


senate,  and  holding  office  at  'his  pleasure.  Not  more  than  twoch-8°- 
members  may  be  of  the  same  political  party.  Each  commissioner 
receives  an  annual  salary  of  $3,000  and  necessary  traveling  ex- 
penses, and  must  devote  his  entire  time  to  the  duties  of  his  office 
and  may  not  engage  in  any  other  occupation.  The  commission 
renders  an  annual  report  to  the  governor. 

The  commission  has  oversight  and  general  control  of  all  chari- 
table, reformatory,  penal,  and  other  institutions  established  and 
maintained  by  the  state.  It  employs  a  secretary  at  an  annual 
salary  of  $2,400  and  such  other  persons  as  may  be  needed.  It 
prescribes  uniform  systems  of  records  and  accounts,  and  must  keep 
in  its  office  a  complete  record  of  all  transactions  at  each  of  the 
Institutions  under  its  jurisdiction.  The  entire  commission  must 
visit  and  inspect  each  institution  at  least  once  in  six  months  and  a 
member  must  visit  and  inspect  each  institution  at  least  once  in 
thirty  days. 

The  commission  apppoints  and  discharges  the  chief  officers  of  each 
of  the  state  institutions.  Except  where  appointed  by  the  commis- 
sion, the  superintendent  or  chief  executive  officer  of  each  state 
institution  appoints  and  discharges  all  of  his  assistants,  the  number 
being  determined  by  the  commission.  All  salaries  are  fixed  by 
the  commission  unless  otherwise  provided  by  law.  The  commission 
purchases  all  supplies  for  the  state  institutions,  has  charge  of  the 
erection  of  new  buildings  and  of  all  repairs  and  improvements. 

No  member  shall  receive  gift  from  an  individual  or  firm  with  which 
the  commission  does  business,  nor  shall  a  member  or  employee  of 
the  commission  attempt  to  influence  the  political  views  of  other 
members  or  employees  or  contribute  anything  for  political  purposes. 
The  commission  has  the  power  to  bring  suit,  to  summon  and  ex- 
amine witnesses  and  to  compel  the  production  and  examination  of 
books  and  papers;  and  any  person  failing  to  obey  the  orders  of  the 
commission  in  this  connection  shall  be  dealt  with  by  the  Superior 
•Court  as  for  contempt  of  court. 


ARIZONA 


8 


Application. 
Revised 
statutes. 
"99- 

Examination. 


superintend.        ft    Institutional.     There    is    no   local    board  of    trustees.     The 
superintendent  of  the  state  hospital  is  appointed  by  the  commis- 
sion.    He  may,  under  the  control  of  the  commission,  appoint  all 
•     assistants  and  employees. 

2.  CARE. 

a.  In  state  institutions. 

Arizona' State  Hospital,  Phoenix;  established  1886;  500  beds. 

b.  In  local  institutions. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons  Bre  entitled  to  ad- 
mission to  the  state  hospital.     Pay  patients  may  be  received  under 
rates  established  by  the  commission  of  state  institutions. 

b.  Legal  procedure  in  commitment.     The  superior  judge  of  any 
county,  upon   a   sworn   application   that   a   person  by  reason  of 
insanity  is  dangerous  if  at  large,  must  cause  the  person  to  be  brought 
before  him  for  examination  and  summon  two  or  more  witnesses 
acquainted  with  the  accused  at  the  time  of  the  alleged  insanity. 
He  must  also  call  in  one  or  more  graduates  of  medicine  and  reputable 
practitioners  to  be  present  at  the  hearing,  and  after  a  personal  ex- 
amination of  the  accused  to  make  a  written  statement  under  oath  in 
regard  to  his  mental  condition,  whether  it  is  unsafe  to  let  him  go  at 
large  and  whether  his  insanity  is  likely  to  prove  permanent  or  only 
temporary.     If  the  proofs  satisfy  the  judge  that  the  person  is 
insane  and  can  not  safely  be  allowed  at  large,  he  must  direct  the 
confinement  of  such  person  in  the  hospital  for  the  insane  until, 
sufficiently  restored  to  reason. 

c.  Voluntary  admission. 

ibeas  corpus,  £.  Appeal  from  commitment.  Every  person  unlawfully  com- 
mitted or  restrained  of  his  liberty  may  prosecute  a  writ  of  habeas 
corpus  to  inquire  into  the  cause  of  the  restraint,  by  petition,  signed 
either  by  the  party  for  whose  relief  it  is  intended  or  by  some  person 
in  his  behalf.  Such  writ  may  be  granted  by  the  supreme  court  or 
any  district  court. 

i3oo.  e.  Cost  of  commitment.  The  cost  of  the  commitment  of  an 

insane  person  must  be  borne  by  him  if  he  has  sufficient  estate.  If 
he  is  indigent,  the  cost  is  chargeable  to  the  county  from  which  he 
was  sent. 

4.  CONVEYING   PATIENTS   TO   THE   HOSPITAL 

The  board  of  supervisors  of  each  county  must  cause  insane 
persons  to  be  conveyed  to  the  hospital  for  the  insane  and  provide 
meanwhile  for  their  safe-keeping  and  care.  The  board  of  supervisors- 
of  counties  are  authorized,  when  necessary,  to  contract  with  the 


9  ARIZONA 

lowest  responsible  bidder  for  the  transportation  of  insane  persons  of 
their  counties  to  the  hospital. 

5.  TRANSFER  OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

The  superintendent  has  authority"  to  release  on  parole  patients  f^erfntendem. 
not  of  a  suicidal  or  homicidal  tendency  and  who  may  be  in  a  state    4469' 
of  convalescence,  upon  application  of  their  relatives  or  friends,  who 
are  required  to  give  bond  guaranteeing  their  proper  care  and  main- 
tenance and  their  return  to  the  hospital  if  necessary,  and  to  keep  the 
superintendent  informed  each  month  of  the  mental  and  physical 
condition  of  the  patients. 

The  commission  of  state  institutions  may  by  order  discharge  any  theboard!  by 
patient  who  is  not  insane  nor  a  proper  case  for  treatment,  under  such    446j>* 
regulations  and  rules  as  it  may  prescribe.     Any  poor  and  indigent 
patient  discharged  by  the  superintendent  or  upon  the  order  of  the 
commission  because  he  is  an  idiot,  an  imbecile,  not  insane,  or  By*11?. 

superintendent. 

because  he  is  not  a  proper  case  for  treatment  within  the  meaning  of 
the  law,  must  be  returned  to  the  care  of  the  county  from  which  he 
was  committed.  Every  cured  and  discharged  indigent  patient  must 
be  furnished  by  the  superintendent  with  $5  in  cash,  a  suit  of  clothes 
and  a  half-fare  ticket  on  any  railroad  or  railway  within  the  state. 

Any  person  who  has  been  declared  insane,  or  the  guardian,  or  J|titi^orio 
any  relative  within  the  third  degree,  or  any  friend,  may  petition  the  of  restoration, 
probate  judge  of  the  county  in  which  the  person  was  declared  in- 
sane, to  have  the  fact  of  his  restoration  judicially  determined.  The 
judge  must  appoint  a  day  for  the  hearing,  and,  if  the  petitioner  re- 
quest it,  order  the  investigation  before  a  jury,  notice  of  the  trial 
having  been  given  to  the  guardian  of  the  petitioner,  to  his  or  her 
husband  or  wife,  and  to  his  or  her  father  or  mother,  if  living  in  the 
country.  The  guardian  or  relative  of  the  petitioner,  and,  in  the 
discretion  of  the  judge,  any  other  person,  may  contest  the  right  of 
the  petitioner  to  the  relief  demanded.  If  the  petitioner  is  found 
of  sound  mind  and  capable  of  taking  care  of  himself  and  his  property, 
his  restoration  to  capacity  must  be  declared,  and  the  guardianship 
of  such  person,  if  he  is  not  a  minor,  ceases. 

7.  COST   OF   MAINTENANCE 

The  probate  judge  may  at  any  time  inquire  into  the  ability  of    "OI- 
any  insane  person  committed  by  him  to  bear  the  expenses  of  his 
maintenance  while  in  custody.     If  the  insane  person  is  able  to  pay  Non-indigents. 
the  charges  or  any  portion  of  them,  the  judge  must  appoint  a 
guardian  for  him,  authorized  to  control  all  his  property,  and  to 
pay  from  the  proceeds  of  it  the  cost  of  his  maintenance.     Indigent 


ARIZONA  10 

indigents.  insane  persons  are  maintained  at  the  hospital  at  the  expense  of  the 
state. 

8.  CRIMINAL  INSANE 

County  Whenever  a  person  confined  in  any  county  jail  in  the  state  upon  a 

Penal  Code,      conviction  for  a  misdemeanor  shows  symptoms  of  insanity,  the 

sheriff  must  immediately  notify  the  county  physician  to  examine 

the  person,  and,  if  in  his  judgment  the  person  is  insane,  an  examina- 

"67.  tion  into  his  insanity  must  be  held  as  provided  by  law.     If  found 

insane  the  person  must  be  committed  to  the  hospital  for  the  insane. 

state  convicts.  When  a  prisoner  confined  in  the  state  prison  shows  symptoms  of 
insanity,  the  prison  physician  must  examine  him  and  finding  him 
insane,  must  report  to  the  superintendent.  The  superintendent 
must  communicate  at  once  with  the  nearest  legal  authority  having 
jurisdiction  concerning  persons  alleged  to  be  insane,  and  thereafter 
all  proceedings  must  conform  to  the  law  governing  such  cases.  If 
the  person  is  found  insane,  the  superintendent  of  the  prison  must 
send  him  at  once  to  the  hospital  for  the  insane,  at  the  cost  of  the 
state.  The  superintendent  of  the  hospital  must  render,  quarterly, 
to  the  superintendent  of  the  prison,  a  report  of  the  condition  of 
the  person,  and  when  he  has  so  far  recovered  as  to  be  able  to  continue 
service  in  the  prison  without  further  risk,  he  must  be  returned  to 
serve  any  unexpired  time.  If  his  term  of  sentence  has  expired  while 
in  the  hospital,  the  superintendent  of  the  prison  must  forward  him 
his  legal  discharge  from  the  prison. 

under  sentence  If,  after  judgment  of  death,  there  is  good  reason  to  suppose  that 
1841.  the  defendant  has  become  insane,  a  jury  of  twelve  persons  may  be 

1142-  summoned  to  inquire  into  the  supposed  insanity.     The  district 

1143-  attorney  must  attend  the  inquisition.     If  the  defendant  is  found 
insane,  the  superintendent  of  the  state  prison  must  suspend  the 
execution  of  the  judgment  until  he  receives  a  warrant  from  the  judge 
of  the  court  in  which  judgment  was  rendered,  directing  the  execu- 

1144.  tion  of  the  judgment.     If  the  defendant  is  found  sane,  the  superin- 

tendent of  the  state  hospital  must  immediately  notify  the  gov- 
ernor, who  must  issue  a  warrant  appointing  a  day  for  the  execu- 
tion of  the  judgment. 

criminal  If  doubt  arises  as  to  the  sanity  of  a  defendant  in  a  criminal  case,  the 

1269.  court  must  order  the  question  as  to  his  sanity  to  be  submitted  to  a 

jury.  If  the  jury  find  the  defendant  insane,  the  trial  or  judgment 
must  be  suspended  until  he  becomes  sane,  and  the  court  must 
order  that  he  be  committed  to  the  state  hospital  and  detained 
there  until  he  becomes  sane.  When  he  becomes  sane,  the  defendant 
must  be  taken  from  the  hospital  and  placed  in  proper  custody  until 
he  is  brought  to  trial  or  judgment  or  legally  discharged. 


11 
ARKANSAS 

Authorities : 

Kirby  and  Castle,  Digest  of  the  Statutes  of  Arkansas,  1915 
Acts  of  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  board  of  control  for  state  charitable  institutions  control? 
is  composed  of  three  members,  appointed  by  the  governor"  and  con-    '4667. 
firmed  by  the  senate.     Each  member  serves  for  six  years,  the  terms 
being  so  arranged  that  an  appointment  is  made  to  the  board  bien- 
nially.    The  annual  salary  of  members,  who  are  required  to  give 

full  time  to  their  official  duties,  is  $2,500.  The  board  appoints  a 
secretary,  who  is  required  simply  to  be  a  bookkeeper  and  to  keep  a 
correct  record  of  the  proceedings.  It  reports  to  the  governor 
biennially. 

The  board  is  placed  in  full  charge  of  all  state  charitable  institu- 
tions, which  include  the  hospital  for  the  insane,  the  school  for  the 
feebleminded,  the  Confederate  home,  the  school  for  the  blind,  and 
the  deaf  mute  institute.  It  has  no  supervision  over  insane  or 
feebleminded  persons  in  private  institutions  or  in  jails  or  other  local 
institutions,  nor  does  its  power  extend  to  the  state  or  local  penal  or 
reformatory  institutions. 

The  board  appoints  the  superintendent  and  steward  and  pur- 
chases all  supplies  for  the  institutions  over  which  it  exercises  control. 
The  records  of  the  board  are  open  to  the  inspection  of  the  gov-  4 
ernor  and  all  persons  whom  he  or  the  legislature  may  appoint  to 
examine  them.  The  board  is  required  to  visit  the  institutions 
under  its  control  at  least  monthly. 

The  governor  may  at  any  time  appoint  a  suitable  person  to    * 
examine  the  affairs  of  any  institution. 

b.  Institutional.     There  is  no  local  board  of  trustees.     The  super- 
intendent,  who  is  appointed  by  the  board  of  control,  must  be  a 
skilful  physician.     He  appoints  and  removes  all  subordinate  officers 
and  employees  allowed  by  the  board.     His  duties  in  regard  to 
records,  accounts,  and  the  general  care  of  the  institution  and  its. 
inmates  are  prescribed  in  detail. 

2.  CARE 

a.  In  state  institutions. 
State  Hospital  for  Nervous  Diseases,  Little  Rock;  established  1882; 

2,050  beds. 

The  statutes  require  that  negro  patients  shall  be  treated  in 
rate  wards  or  departments. 


ARKANSAS 


12 


b.  In  local  institutions.  Each  county  must  provide  in  the 
county  poorhouse,  where  such  has  been  established,  for  its  own 
indigent  insane  who  can  not  be  admitted  to  the  state  hospital,  and 
the  county  court  has  the  duty  of  looking  after  them.  Insane  per- 
sons may  be  confined  in  county  or  city  jails.  (See  3.  b.) 


Classification 
of  insane 
persons. 
4753- 


Application. 
4738. 


Hearing. 
4739- 


Examination. 


Commitment. 
4740. 


Notice  of 

admission. 

4741. 


3.  COMMITMENT 

a.  Persons  committed.     Any  citizen  or  resident  of  the  state  who 
becomes  insane  may  be  admitted  to  the  state  hospital  as  a  patient, 
proper  proof  having  been  made  and  proceedings  had  according  to  the 
law.     All  inmates  of  the  Arkansas  Confederate  Home  who  become 
insane  and  have  been  declared  so  by  the  physician  in  charge  are 
entitled  to  care  and  treatment  in  the  state  hospital. 

All  persons  found  to  be  insane,  for  whom  application  for  admis- 
sion to  the  state  hospital  is  made,  are  classified  as  "acute, " 
"chronic,"  "probably  incurable,"  or  "incurable."  All  cases  of  less 
than  one  year's  duration  from  first  recognized  symptoms  of  insanity 
are  classified  as  "acute";  all  cases  of  over  one  year's  duration  as 
"chronic";  all  cases  complicated  with  epilepsy,  original  imbecility  or 
feeblemindedness,  deformities  of  skull  from  injuries,  old  age  or 
paralysis  as  "probably  incurable" ;  and  all  other  cases  as  "incurable" ; 
provided,  that  no  person,  whether  curable  or  not,  and  whether  the 
imbecility  or  insanity  be  idiotic  or  congenital  or  not,  may  be  refused 
admission  as  long  as  there  is  unoccupied  room  for  patients  in  the 
hospital. 

b.  Legal  procedure  in  commitment.     Upon  a  written  statement 
filed  by  any  reputable  citizen  of  the  state  with  the  county  and  pro- 
bate judge  alleging  that  any  person  is  entitled  to  admission  to  the 
state  hospital  for  the  insane,  the  county  or  probate  judge  must 
appoint  a  time  as  soon  as  practicable  to  hear  the  testimony  of  wit- 
nesses, and  must  cause  the  insane  person  to  be  examined  separately 
by  two  reputable,  competent  and  disinterested  physicians,  who  shall 
severally  present  to  the  county  judge  a  sworn  statement  of  the 
result  of  their  examinations.     If  the  judge  finds  the  person  insane, 
he  must  without  delay  transmit  to  the  superintendent  of  the  state 
hospital  his  decision  in  writing,  with  copies  of  the  original  statement 
filed  with  him  by  the  citizen,  and  the  statement  of  the  physicians 
including  interrogatories  and  answers.     The  superintendent  of  the 
state  hospital  must  thereupon  immediately  notify  the  judge  of  his 
readiness  to  admit  the  insane  person.     If  there  is  no  room,  he  must 
notify  the  judge,  and  return  to  him  the  documents   in   the    case. 
But  in  such  instances,  the  name  and  county  of  the  insane  person 
must  be  recorded  at  the  hospital  in  the  order  in  which  the  decision 


13 


ARKANSAS 


454<5- 


of  the  judge  was  received,  and  he  is  entitled  to  precedence  over  all 
who  may  apply  for  admission  later. 

Insane  persons  found  at  large,  and  not  in  the  care  of  some  discreet  foun 
person,  must  be  arrested  by  any  peace  officer  and  taken  before  a 
magistrate  of  the  county,  city,  or  town  in  which  the  arrest  is  made, 
who  shall  make  the  necessary  orders  to  keep  him  in  restraint  until 
he  can  be  sent  to  the  state  hospital.  If  the  insane  person  has  no 
friends  to  whose  custody  the  magistrate  can  commit  him,  he  may 
order  him  to  be  confined  in  the  county  or  city  jail,  giving  immediate 
notice  to  the  county  judge  or  city  "attorney,  whose  duty  it  is  to  take 
the  proper  proceedings  for  having  the  insane  person  sent  to  the 
hospital. 

Immediately  after  the  appointment  by  the  court  of  a  guardian 
for  an  insane  person,  the  guardian  must  take  steps  to  have  the  per- 
son  thus  placed  in  his  charge  admitted  into  the  state  hospital. 

If  any  person  is  so  far  disordered  in  his  mind  as  to  endanger  his  Jaer^f 
own  person,  or  the  person  or  property  of  others,  his  guardian,  or 
other  person  under  whose  care  he  may  be,  must  confine  him  in  some 
suitable  place  until  the  next  term  of  the  probate  court  for  his  county, 
which  shall  make  such  order  for  his  restraint,  support  and  safe- 
keeping as  the  circumstances  shall  require.  The  judge  or  justice  may 
order  such  confinement.  Any  judge  of  a  court  of  record,  or  any 
two  justices  of  the  peace  of  the  county  may  cause  such  insane  per- 
son to  be  arrested,  and  may  employ  any  person  to  confine  him  in 
some  suitable  place  until  the  court  makes  further  order. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment. 

e.  Cost  of  commitment.     Each  county  in  the  state  is  chargeable 
for  all  expenses  of  commitment,  delivery  to  and  removal  from  the 
state  hospital  of  persons  resident  in  the  respective  counties,  and 
must  reimburse  the  sheriff  for  money  deposited  with  the  superin- 
tendent for  deficiencies  of  clothing  of  patients. 

4.  CONVEYING   PATIENTS   TO   THE   HOSPITAL 

The  sheriff  of  any  county,  or  any  person  deputized  by  the  judge 
and  directed  to  arrest  and  deliver  to  the  superintendent  of  the  state 
hospital  any  insane  person,  must  execute  the  warrant  or  order  with- 
out delay,  and  may  call  to  his  assistance  a  physician,  nurse  or  other 
person  whom  the  judge  may  indicate  as  necessary,  and  shall  deliver 
the  person  without  unnecessary  force,  restraint  or  publicity  by  the 
most  direct  and  practicable  route  and  method  of  travel.  All  females 
who  have  been  adjudged  insane  must  be  accompanied  to  the  state 
hospital  by  at  least  one  female  attendant. 


to  the 


ARKANSAS 


14 


Acts  of  1917, 
ch.  172. 

2,3- 


Parole. 

Digest. 

4766. 


Discharge. 
4767. 


Superintend- 
ent may  dis- 
charge, to 
make  room 
for  another. 
4753- 


Notice  of 

discharge. 

4755- 


4756. 


5.  TRANSFER   OF   PATIENTS 

The  state  board  of  control  for  charitable  institutions  may  trans- 
fer to  the  school  for  the  feebleminded,  with  the  consent  of  its  super- 
intendent, any  feebleminded  inmates  of  the  state  hospital  for  nervous 
diseases  as  may  be  more  appropriately  taken  care  of  in  the  school. 

The  superintendent  of  the  state  school  for  the  feebleminded  may 
select  and  requisition  from  other  state  institutions  such  of  their 
feebleminded  inmates  as  he  considers  most  suitable  for  transfer, 
with  due  regard  both  to  the  welfare  of  the  inmate  and  the  benefit  of 
the  state. 

6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

The  superintendent  of  a  state  hospital  may  parole  for  six  months 
any  patient  not  convicted  under  a  criminal  charge  nor  transferred 
from  a  penitentiary  or  reform  school  if  the  patient  is  harmless  to 
himself  and  the  community;  on  written  application  he  may  extend 
'this  parole  for  another  six  months.  At  the  end  of  the  twelve  months 
the  patient  may  be  discharged  as  recovered  or  held  for  further  treat- 
ment. A  responsible  person  may  agree  to  give  the  patient  proper 
care  during  the  parole  period  and  return  him  to  the  hospital  without 
expense  to  the  county. 

When  there  is  no  available  room  in  the  hospital,  the  superin- 
.  tendent  must,  as  soon  as  practicable,  in  order  to  make  room  for  the 
admission  of  a  patient  suffering  from  an  "acute"  form  of  insanity, 
discharge  some  inmate  belonging  to  the  "incurable"  class,  if  there 
is  such,  or  one  belonging  to  the  "probably  incurable"  class  if  there 
is  no  one-dischargeable  from  the  "incurable"  class,  or  one  belonging 
to  the  "chronic"  class  if  there  is  no  one  dischargeable  from  the 
"probably  incurable"  class.  In  making  a  selection  for  discharge 
the  superintendent  must  choose  one  who  has  been  longest  in  the 
hospital,  if  not  violent  or  dangerous  to  the  community,  or  whose 
discharge  will  effect  the  least  possible  inconvenience  or  cost.  No 
appeal  may  be  had  from  the  decision  of  the  superintendent  in  mat- 
ters of  admission  and  discharge  of  inmates,  except  to  the  board  of 
control  who  may  direct  the  superintendent  to  admit  or  discharge 
any  person  under  any  circumstances  not  involving  a  violation  of  law. 

When  by  reason  of  recovery  or  necessity  for  the  benefit  of  an 
insane  person  of  the  "acute"  class  the  superintendent  of  the  state 
hospital  thinks  proper  to  discharge  any  inmate,  he  must  notify  the 
county  and  probate  judge  of  the  county  from  which  the  inmate  was 
committed  who  shall  then  direct  the  removal  of  the  inmate  without 
delay  to  his  guardian  or  home.  If  the  patient  has  no  guardian  or 
home  he  must  be  delivered  to  such  person  and  place  in  the  county  as 
may  be  provided  for  his  further  custody  and  maintenance,  if  he 


15  ARKANSAS 

be  not  recovered  and  capable  of  taking  care  of  himself.  An  inmate 
of  the  hospital  having  recovered  his  reason  may  unofficially  be 
removed  from  the  hospital  by  consent  of  the  superintendent,  or  by 
his  friends  with  consent  of  the  superintendent,  or  by  direction 
of  the  board  of  control.  But  notice  of  removal  must  be  sent  at 
once  to  the  county  or  probate  judge  of  the  county  from  which  the 
person  was  removed  or  committed. 

7.  COST   OF   MAINTENANCE 

Any  indigent  citizen  or  resident  of  the  state,  duly  found  to  beAtPublic 
insane,  may  be  maintained  at  the  state  hospital  at  the  public  expense    4746. 
until  removed.     If  he  has  been  found  to  possess  estate  more  than  By estate- 
sufficient  for  the  support  of  his  natural  dependents,  his  guardian 
must  pay  for  his  maintenance  and  care  at  the  hospital,  and  remove 
him  when  so  required  and  notified  by  the  president  of  the  board  of 
control  and  superintendent  of  the  hospital.     Indigent  persons  who 
are  not  able  to  pay  have  preference  over  those  who  are  able  to  pay. 

8.  CRIMINAL  INSANE 

The  superintendent  of  the  state  hospital,  upon  the  certificate  Admission, 
of  the  judge  before  whom  the  case  is  pending  upon  presentment    4 
or  indictment,  must  admit  any  person  who   has  been  acquitted 
upon  a  plea  of  insanity  or  any  person  who  has  been  adjudged  insane, 
when  he  has  been  held  upon  presentment  or  indictment  and  can  not 
be  tried  because  of  insanity.     Any  person  so  admitted  must  be  kept    4750. 
at  the  hospital  until  restored  to  reason.     Upon  his  recovery,  the    4751. 
superintendent  must  notify  the  sheriff  of  the  county  in  which  the 
indictment  or  presentment  is  pending,  who  shall  convey  him  back  Discharge, 
to  the  jail  of  said  county,  or  hold  him  in  custody  until  discharged 
according  to  law. 

When  the  penitentiary  physician  ascertains  that  any  convict  insane 
confined  in  the  state  penitentiary  or  reform  school  is  insane,  he    4752.' 
must  certify  the  fact  to  the  superintendent  of  the  penitentiary  or 
school  who,  by  and  with  the  advice  and  consent  of  the  board  of 
control,  must  transfer  him  to  the  state  hospital.     If  the  convict 
recovers,  the  superintendent  must  certify  the  fact  to  the  superin- 
tendent of  the  penitentiary  or  school.     The  time  the  convict  may 
have  spent  in  the  hospital  is  credited  as  time  served  under  his 
sentence. 


16 


Board  of 
control. 
Political  code. 


Board  of 
charities  and 
corrections. 
General  laws. 
573- 


Commission 
in  lunacy. 
Political  code. 
3136. 


CALIFORNIA 

Authorities: 

Deering,  General  Laws  of  California,  1916 
Civil  Code  of  California,  1915 
Penal  Code  of  California,  1915 
Laws  of  California,  1917 
Political  Code 

i.  ADMINISTRATION  AND   SUPERVISION 

a.  General.  The  state  board  of  control  consists  of  three  members 
appointed  by  the  governor  and  holding  office  at  his  pleasure. 
The  governor  designates  the  chairman  and  fills  all  vacancies;  the 
board  appoints  its  secretary  and  other  paid  employees.  The  mem- 
bers receive  an  annual  salary  of  $4,000. 

It  is  the  duty  of  the  board  to  examine  the  books  of  all  state 
institutions,  bureaus,  commissions,  and  officers,  to  visit  every  public 
institution  maintained  in  whole  or  in  part  by  the  state  and  all 
public  buildings  in  course  of  construction.  The  board,  with  the 
consent  of  the  governor,  has  the  power  to  authorize  the  creation  of 
deficiencies  in  cases  of  actual  necessity;  it  also  has  the  power  to  sell 
or  exchange  any  property  of  the  state,  except  real  estate;  and  all 
claims  against  the  state  must  be  approved  by  it.  The  board  has 
general  supervision  over  all  matters  concerning  the  financial  and 
business  policies  of  the  state,  approves  all  state  contracts  for  the 
purchase  of  supplies  and  materials,  and,  through  its  department  of 
public  accounting,  maintains  a  uniform  system  of  accounting  and 
reporting  for  all  public  accounts  and  records.  The  board  reports 
biennially  to  the  legislature. 

The  state  board  of  charities  and  corrections  is  composed  of  six 
members,  not  more  than  three  of  whom  may  be  from  the  same 
political  party,  appointed  by  the  governor  for  terms  of  twelve  years 
without  salary.  Women  may  be  appointed.  The  board  must  in- 
vestigate and  report  upon  all  charitable  and  correctional  institutions 
of  the  state,  counties,  cities  and  towns.  All  persons  in  charge  of 
such  institutions  are  required  to  furnish  the  board  such  informa- 
tion and  statistics  as  it  may  request.  The  board  may  prescribe  the 
forms  of  reports  and  records  by  the  state  commission  in  lunacy. 
All  plans  for  buildings  for  public  institutions  must  be  submitted  to 
the  board.  The  board  has  power  to  compel  the  attendance  of 
witnesses,  the  production  of  books  and  papers,  relating  to  public 
institutions.  The  board  makes  a  biennial  report  to  the  governor. 

A  commission  in  lunacy,  consisting  of  the  general  superintendent 
of  the  state  hospitals,  the  secretary  of  the  state  board  of  health, 


17  CALIFORNIA 

the  three  members  of  the  state  board  of  control,  and  the  governor, 
secretary  of  state,  and  attorney  general,  ex-officio,  exercises  general 
supervision  over  the  state  hospitals  for  the  insane.  The  general 
superintendent  of  state  hospitals  is  appointed  by  the  governor  2'37. 
for  a  term  of  four  years,  and  may  not  hold  any  other  office.  His 
salary  is  $5,000.  He  must  be  a  reputable  physician,  a  graduate  of  . 
an  incorporated  medical  college,  and  have  .had  at  least  ten  years' 
actual  practice  in  his  profession  as  well  as  six  years'  experience  in  the 
care  and  treatment  of  the  insane,  at  least  one  year  of  which  must 
have  been  spent  in  the  state  hospitals.  He  must  fully  inspect  2 
every  state  hospital  at  least  twice  each  year. 

The  commission  is  authorized,  among  other  things,  to  appoint  an 
accountant  for  the  hospitals  and  to  inquire  into  their  general  condi- 
tion and  management;  to  fix  the  annual  salaries  of  the  resident 
officers  and  treasurers  of  the  hospitals,  which  must  be  uniform  for  all, 
and  to  classify  other  officers  and  employees  and  determine  their 
salaries;  to  determine  the  kind  and  character  of  all  employees  in 
state  hospitals.  The  commission  must  examine  the  condition  and 
management  of  all  public  and  private  institutions  receiving  and 
caring  for  the  insane;  adopt  rules  and  regulations,  books  of  record, 
blank  forms,  etc.,  for  all  hospitals;  keep  a  record  of  each  duly 
qualified  medical  examiner  and  of  all  inmates  of  hospitals;  cause  the 
books  and  accounts  of  the  hospitals  to  be  examined  at  least  once  in 
six  months;  report  and  recommend  to  the  legislature  the  necessary 
prospective  needs  for  the  care  and  treatment  of  the  poor  and  indigent 
insane;  and,  for  the  purpose  of  preventing  over-crowding,  make 
suitable  recommendations  to  the  legislature;  furnish  the  legislature 
an  estimate  of  the  probable  number  of  patients  who  will  become 
inmates  of  the  respective  state  hospitals  during  the  two  years  begin- 
ning July  first,  next  ensuing,  and  the  cost  of  all  additional  buildings 
and  equipments;  and  report  to  the  legislature  its  acts  and  proceed- 
ings.  The  commission  has  power  to  investigate  cases  of  alleged 
wrongful  detention  of  insane  or  their  improper  treatment,  and  may 
for  this  purpose  exercise  the  powers  conferred  upon  the  referee  in  a 
superior  court.  At  an  investigation  into  the  general  management 
of  any  hospital  for  the  insane,  the  commission  may  notify  the  at- 
torney general,  who  must  participate  personally  or  by  a  deputy. 
The  commission  may  at  any  time  visit  and  examine  the  inmates  of  . 
any  almshouse  to  ascertain  if  insane  persons  are  kept  there. 

No  private  institution  for  the  care  and  treatment  of  the  insane  ?"sv*tej 
may  be  established  without  first  obtaining  a  license  from  the  com-    2J96. 
mission.     Application  for  a  license  must  be  accompanied  by  plans 
and  other  information,  in  such  form  as  the  commission  may  require. 


CALIFORNIA  18 

Before  granting  a  license,  the  commission  must  inspect  the  place  and, 
after  inquiry,  amend  or  revoke  any  license.  Private  institutions  for 
the  care  and  treatment  of  the  insane  must  keep  records  in  the  saem 
manner  and  form  as  prescribed  for  the  state  hospitals.  For  violating 
the  provisions  of  law  in  regard  to  private  institutions  for  the  insane, 
a  penalty  may  be  imposed  of  imprisonment  for  six  months,  or  a  fine 
of  $1,000,  or  both. 
Board  of  1[)>  Institutional.  Each  of  the  hospitals  for  the  insane  is  under  a 

"47-  board  of  five  managers,  appointed  by  the  governor  for  terms  of 

four  years.  Failure  on  the  part  of  a  manager  to  attend  the  regular 
meetings  of  his  board  unless  ill  or  absent  from  the  state  makes  his 

3It8-  office  vacant.     Subject  to  the  powers  of  the  state  commission  in 

lunacy,  each  board  of  managers  has  general  control  and  direction  of 

ais°-  the  property  and  concerns  of  its  hospital.     Subject  to  the  approval 

of  the  commission,  the  board  must  make  laws  and  regulations  in 
regard  to  the  duties  of  officers  and  employees;  visit  the  hospital  at 
least  every  month  (the  attendance  of  the  majority  is  required); 
and  make  detailed  reports  of  visits  and  inspections  to  the  commis- 

"51-  sion  in  lunacy.     No  money  may  be  expended  by  the  managers  for 

ais»-  additional  buildings  or  unusual  repairs  except  upon  plans  and 

specifications  approved  by  the  commission. 

^perStendent  Each  board  of  managers  appoints  for  the  hospital  under  its 
control  a  medical  superintendent  (subject  to  an  examination  un- 
der the  direction  of  the  general  superintendent),  and  a  treasurer. 
The  former  must  be  a  graduate  of  an  incorporated  medical  college 
and  a  well-educated  physician,  who  has  had  not  less  than 
three  years'  experience  in  the  care  and  treatment  of  the  insane. 

31538.  The  medical  superintendent  appoints,  with  power  of  removal, 
by  and  with  the  consent  of  the  board  of  managers:  a  supervisor, 
matron  and  steward  and  all  employees;  the  necessary  assistant 
physicians  and  internes,  as  may  be  determined  by  the  commission. 
At  least  one  of  the  assistants  in  each  of  the  state  hospitals  must  be  a 
woman.  The  assistant  physicians  must  have  had  actual  experience 
in  the  care  and  treatment  of  the  insane,  and  before  appointment  are 
required  to  pass  an  examination  conducted  by  the  medical  superin- 
tendent. Any  officer  or  employee  of  a  state  hospital  taking  active 
part  in  politics,  directly  or  indirectly,  may  be  summarily  removed 
by  the  commission  upon  written  charges,  under  oath,  made  by  three 
or  more  reputable  citizens. 

2.  CARE 

a.  In  state  institutions. 

Stockton  State  Hospital  for  the  Insane,  Stockton;  established  1851; 
1,900  beds. 


19  CALIFORNIA 

Napa  State  Hospital,  Napa;  established  1875;  2,200  beds. 
Agnews  State  Hospital,  Agnew;  established  1888;  1,600  beds. 
Mendocino  State  Hospital,  Talmage;  established  1893;  1,150  beds. 
Southern  California  State  Hospital,  Patton;  established  1893;  2,000 

beds. 
Norwalk  State  Hospital,  Norwalk;  established  1914;  233  beds. 

b.  In  local  institutions.     Chronic  harmless  and  other  insane  who  Bounties, 
are  not  suitable  patients  in  the  state  hospital  may  be  cared  for  in 
county  hospitals  or  almshouses,  which  are  under  the  boards  of 
supervisors  of  the  county. 

The  board  of  supervisors  of  each  county,  and  city  and  county,  £*^on- 
must  maintain  a  suitable  room  or  rooms  for  the  detention,  care  and    3l83- 
treatment  of  alleged  insane  persons,  for  a  period  of  not  less  than 
one  nor  more  than  twenty  days. 

All  peace  officers  and  other  persons  having  duties  relative  to  the 
insane  poor  must  see  to  it  that  all  poor  and  indigent  insane  persons 
within  their  municipalities  are  speedily  granted  relief,  and  when 
ordered  by  a  superior  judge  must  cause  them  to  be  transferred  with- 
out unnecessary  delay  to  the  proper  state  hospitals. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons  are  entitled  to  ad-    317sa. 
mission  to  the  state  hospitals  for  the  insane;  but  no  case  of  idiocy, 
imbecility,  epilepsy,  harmless  chronic  mental  unsoundness,  feeble- 
mindedness or  acute  mania  from  drinking  may  be  committed  to 

the  state  hospitals,  except  when  the  person  has  become  insane. 

The  commission  in  lunacy  may  inquire  into  the  manner  in  which    ax7?. 
any  insane  person  not  confined  in  a  state  hospital  is  cared  for,  and 
may  apply  to  a  judge  of  the  superior  court  for  commitment  to  a  state 
hospital. 

If  a  poor  or  indigent  person  who  has  not  been  a  legal  resident 
the  state  for  a  period  of  at  least  one  year,  is  ordered  to  be  committed 
to  a  state  hospital,  the  commission  may  return  him  to  the  coun- 
try or  state  to  which  he  belongs. 

b.  Legal  procedure  in  commitment.     The  superior  judge  of 

county,  or  city  and  county,  may  grant  certificates  to  medical  21678. 
examiners  in  accordance  with  the  form  prescribed  by  the  commission, 
showing  that  the  persons  named  are  reputable  physicians  and 
graduates  of  incorporated  medical  colleges,  and  have  been  in  a  tual 
practice  at  least  five  years.  There  must  at  all  times  be  at  least 
two  such  medical  examiners  in  each  county. 

Whenever  it  appears  by  affidavit  to  the  satisfaction  of  a  magistrate  Afl^£git* 
of  a  county,  or  city  and  county,  that  any  person  is  so  far  disordered 
in  his  mind  as  to  endanger  health,  person  or  property,  he  must  have 


CALIFORNIA 


20 


Hearing. 


2i6p. 
Examination. 


am. 

Commitment. 


Jury  trial. 

Examination 
at  hospital. 
2186. 


1643. 


him  taken  before  a  judge  of  the  superior  court  of  the  county  for  a 
hearing.  The  copy  of  the  affidavit  and  warrant  of  the  arrest  must 
be  personally  delivered  to  the  alleged  insane  person.  The  judge  of 
the  superior  court  must  inform  him  that  he  is  charged  with  being 
insane  and  of  his  rights  to  make  a  defence,  and  order  a  time  and 
place  for  a  hearing  of  the  case  and  examination  in  open  court.  The 
judge  may  also  order  that  notice  of  the  arrest  and  hearing  be  served 
upon  relatives  of  said  person  residing  in  the  county.  At  least  two 
medical  examiners  must  hear  the  testimony  of  all  witnesses,  make  a 
personal  examination  of  the  alleged  insane  person,  and  testify  before 
the  judge  as  to  the  result  of  the  examination,  and  to  other  pertinent 
facts.  The  judge  must  examine  any  other  proper  witness  who  has 
any  knowledge  of  the  mental  or  financial  condition  of  the  alleged 
insane  person  or  financial  condition  of  the  persons  liable  for  his 
maintenance.  The  alleged  insane  person  must  be  present  at  the 
hearing,  and  if  he  has  no  attorney,  the  judge  may  appoint  one  to 
represent  him.  If  the  medical  examiners  believe  the  person  to  be 
dangerously  insane,  they  must  make  a  certificate  to  that  effect  in 
the  form  prescribed  by  law,  whereupon  the  judge,  if  he  believes  the 
person  so  far  disordered  in  his  mind  as  to  endanger  health,  person  or 
property,  must  adjudge  him  insane  and  issue  an  order  for  his  con- 
finement in  a  hospital  for  the  insane,  accompanied  by  a  statement  as 
to  the  financial  condition  of  the  insane  person  or  the  persons  liable 
for  his  maintenance.  Copies  of  the  order,  the  certificate  of  the 
examiners  and  accompanying  statement  must  be  filed  with  a 
county  clerk  and  recorded  by  him.  If  a  judge  refuse  to  grant  an 
order  of  commitment  of  an  alleged  insane  person,  any  one  ag- 
grieved may  demand  a  trial  of  the  question  in  the  manner  provided 
for  a  jury  trial. 

Every  superintendent  of  a  hospital  must  within  three  days 
after  the  reception  of  a  patient  have  him  thoroughly  examined 
physically  and  mentally.  He  must  also  make  such  examination 
periodically  and  state  results  upon  blanks  approved  by  the  com- 
mission. 

c.  Voluntary  admission.  Under  rules  and  regulations  established 
by  the  state  commission  in  lunacy,  the  medical  superintendent  of  any 
state  hospital  may  receive  and  detain  in  such  state  hospital,  as  a 
boarder  and  patient,  any  suitable  person  suffering  from  mental 
disease,  who  voluntarily  makes  a  written  application  to  the  medical 
superintendent  for  admission  and  who  is  competent  to  make  such 
application.  A  voluntary  patient  may  not  be  detained  for  more  than 
seven  days  after  having  given  notice  in  writing  to  the  medical 
superintendent  of  his  desire  to  leave.  Upon  the  admission  of  a 
voluntary  patient  to  a  state  hospital,  the  medical  superintendent 


21  CALIFORNIA 

must  immediately  send  the  commission  in  lunacy  his  record,  show- 
ing name,  residence,  age,  sex,  nativity,  occupation,  civil  condition, 
date  of  admission  and  other  information  that  may  be  required. 

d.  Appeal  from  commitment.     If  a  person  ordered  to  be  com-    ai?4- 
mitted,  or  any  friend  in  his  behalf,  is  dissatisfied  with  the  order 
committing  him,  he  may  within  five  days  demand  that  the  question 

of  his  sanity  be  tried  by  a  jury  before  the  superior  court  of  the  county  J^y  tiia1' 
in  which  he  was  committed.  The  cause  against  the  alleged  insane 
must  be  represented  by  the  district  attorney  of  the  county.  The 
trial  is  held  as  provided  for  the  trial  of  civil  causes  before  a  jury,  and 
the  alleged  insane  person  must  be  discharged  unless  a  verdict  that 
he  is  insane  is  found  by  at  least  three-fourths  of  the  jury. 

Any  one  in  custody  as  insane  is  entitled  to  the  writ  of  habeas  H^||s  corpus> 
corpus,  upon  proper  application  made  by  the  commission,  by  such 
person,  relative  or  friend  in  his  behalf,  to  the  superior  judge  of  the 
county  in  which  the  hospital  is  located. 

e.  Cost  of  commitment.     The  cost  of  determining  the  insanity    ««. 
of  an  indigent  person  and  securing  his  commitment  is  charged  upon 

the  county,  or  city  and  county,  whence  he  is  committed.  If  he  is 
not  indigent,  the  costs  are  charged  upon  his  estate,  or  to  the  persons 
legally  liable  for  his  maintenance.  If  he  is  adjudged  not  to  be  in- 
sane, the  judge  may  charge  the  costs  of  the  proceedings  to  the  person 
making  the  application  for  an  order  of  commitment.  The  husband,  2I76- 
wife,  father,  mother  or  children  of  an  insane  person/ and  the  guardian 
of  his  estate,  are  liable  for  the  cost  and  charges  of  his  commitment 
and  transportation  to  a  hospital  for  the  insane. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

It  is  the  duty  of  the  sheriff  to  deliver  the  insane  person  together    ai72' 
with  all  documents  in  his  case  to  the  officer  in  charge  of  the  hospital 
to  which  he  is  committed.     No  female  insane  person  may  be  taken 
to  any  hospital  without  the  attendance  of  some  other  female  or  of 
some  relative. 

5.  TRANSFER   OF  PATIENTS 

When  the  buildings  of  any  hospital  are  overcrowded  or  the  number  ^j^-ssion0* 
is  reduced,  the  commission  may  transfer  the  inmates  to  other  in-^f^l**  I»IT« 
stitutions.     Patients  may  be  transferred  at  the  request  of  relatives 
or  friends  upon  agreement  to  pay  the  cost  of  the  transfer,  if  the 
lunacy  commission  and  the  superintendents  of  the  hospitals  consent. 
Inmates  of  the  home  for  the  feebleminded  who  become  insane  may 
be  transferred  to  a  hospital  for  the  insane  and  persons  committed  to 
an  insane  hospital  who  are  feebleminded  may  be  transferred  to  the 
home  for  the  feebleminded  by  the  board.     The  transfer  may  not 
relieve  any  one  from  liability  for  the  support  of  any  inmate. 


CALIFORNIA 


22 


3189. 


6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

The  superintendent  of  a  hospital  may  grant  parole  to  a  patient 
for  not  more  than  thirty  days  under  provisions  prescribed  by  the 
commission. 

bysthearge  The  superintendent  of  a  state  hospital  on  filing  a  certificate  with 

superintendent,  the  secretary  or  board  of  managers  may  discharge  any  patient, 
except  one  held  upon  a  court  order  in  a  criminal  action,  who  has 
recovered,  or  one  not  recovered  whose  discharge  will  not  be  detri- 
mental to  public  welfare  or  injurious  to  himself.  The  medical 
superintendent  may  refuse  to  discharge  any  patient  as  improved 
unless  satisfied  that  proper  care  will  be  provided  for  him  after  his 
discharge.  When  the  superintendent  is  unwilling  to  certify  to  the 
discharge  of  an  unrecovered  patient  upon  request,  any  superior 

By  the  court,  judge  of  the  county  in  which  the  hospital  is  situated  may,  after 
giving  the  superintendent  an  opportunity  to  be  heard,  direct  the 
discharge  upon  such  security  as  he  may  require  for  the  good  be- 
havior and  maintenance  of  the  patient. 

of'noifinsane  The  medical  superintendent  of  any  state  hospital  may  on  his  own 
motion,  and  must  on  the  order  of  the  commission,  discharge  any 
patient  who  is  not  insane  or  because  he  is  not  a  proper  case  for  treat- 
ment, or  because  he  is  an  idiot,  imbecile  or  on  account  of  chronic 
harmless  mental  unsoundness  or  acute  mania  from  drinking.  Such 
a  person  must  be  returned  to  the  county  from  which  he  was  com- 
mitted at  its  expense,  and  if  poor  and  indigent,  must  be  cared  for 
by  the  county.  Any  person  thus  discharged  from  a  state  hospital 
may  not  again  be  committed  to  any  state  hospital  for  the  insane 
except  upon  permission  obtained  from  the  medical  superintendent. 
When  any  person  committed  to  a  state  hospital,  and  for  whom  no 
guardian  has  been  appointed,  and  who  is  absent  on  parole,  or  who 
has  been  discharged  as  improved,  is  desirous  of  being  declared  sane 
and  restored  to  legal  capacity,  he  or  others  on  his  behalf  may  make 
application  in  writing  to  the  medical  superintendent.  If  satisfied 
after  examination  that  the  person  is  sane,  the  medical  superintendent 
must  so  declare  him,  and  give  him  a  certificate  of  his  recovery,  a  copy 
of  which  is  to  be  forwarded  to  the  commission.  If  the  medical 
superintendent  is  unwilling  to  issue  such  certificate,  the  insane 
person  or  others  on  his  behalf  may  petition  a  judge  of  the  superior 
court  of  the  county  wherein  such  person  resides,  asking  that  he  be 
declared  sane.  If  the  court  is  satisfied,  and  the  jury  so  decides,  the 
court  must  adjudge  him  sane,  and  the  order  to  that  effect  must  be 
recorded  by  the  county  clerk  and  certified  to  the  commissioners  in 
lunacy  and  the  proper  hospital  superintendent.  If  the  court  is 
satisfied,  or  the  jury  so  decides,  the  court  shall  adjudge  him  to  be 
insane.  If  the  question  is  tried  by  a  jury,  the  cause  against  the 


Restoration  of 
insane  to  legal 
capacity. 


Certificate  of 
recovery. 


Jury  trial. 


23  CALIFORNIA 

insane  person  must  be  represented  by  the  district  attorney  of  the 
county.  An  appeal  may  be  taken  from  the  decision  of  the  court  to 
the  supreme  court.  If  three-fourths  of  the  jury  fail  to  declare 
the  person  sane,  or  the  court  or  jury  find  him  insane,  the  court  must 
dismiss  the  case  and  no  new  application  shall  be  made  for  the  in- 
sane person  for  six  months  thereafter.  Proceedings  of  the  same 
kind  may  be  taken  whenever  a  person  who  has  been  adjudged  to  be 
insane  and  who  has  not  been  committed  to  a  hospital  for  the  insane 
and  who  has  no  guardian,  is  desirous  of  being  declared  sane  and  re- 
stored to  legal  capacity.  Before  an  order  is  made  for  any  proceed- 
ings for  a  trial  by  jury,  the  persons  demanding  the  same  must  make 
a  deposit  or  give  a  bond  for  the  payment  of  all  costs  of  the  trial, 
unless  in  the  opinion  of  the  court  he  is  a  poor  or  indigent  person. 

Patients  discharged  must  be  furnished  with  suitable  clothing    3I9°- 
and  money  for  necessary  expenses,  not  exceeding  $25. 

7.  COST   OF   MAINTENANCE 

Indigent  insane  persons  are  maintained  at  the  state  hospitals  ^j*^*8- 
at  the  expense  of  the  state.     The  district  attorney  in  each  county 
must  inquire  into  the  ability  of  a  person  committed  from  his  county 
to  pay  for  his  support  at  the  state  hospital  and  notify  the  commission 
in  lunacy  of  the  results.     In  case  any  person  committed  to  any  state  Nonindigents. 
hospital  for  the  insane  becomes  the  owner  of  property,  the  secretary 
of  the  state  commission  in  lunacy  may  apply  to  a  court  of  competent 
jurisdiction  for  the  appointment  of  a  guardian  of  his  estate,  which  if 
sufficient  is  to  be  used  for  his  support  at  the  hospital.     Payment    2181. 
may  be  enforced  by  the  order  of  the  judge  of  the  superior  court. 
But  payment  may  not  be  exacted  when,  in  case  of  the  likelihood  of 
such  person  recovering  or  being  released  from  the  hospital,  it  will 
reduce  his  estate  to  such  an  extent  that,  in  the  event  of  his  discharge, 
he  is  likely  to  become  a  burden  upon  the  community. 

Pay  patients  may  be  received  under  special  agreement  with  Pa/i8s!ients* 
relatives,  guardians  or  friends  of  patients. 

8.  CRIMINAL  INSANE 

If  a  defendant  in  a  criminal  case  appears  to  be  insane  before  judg-1^^^^ 
ment  is  pronounced,  the  question  of  sanity  is  submitted  to  the  jury.  Pe1n1a(|7code- 
If  found  insane  he  is  committed  to  a  state  hospital  to  remain  till 
the  superintendent  notifies  the  sheriff  and  district  attorney  that 
the  patient  has  recovered.     The  patient,  upon  certificate  of  recovery    2l8j>- 
approved  by  the  superior  judge  of  the  county  from  which  he  was 
committed,  is  then  delivered  to  the  sheriff  of  the  county  and  dealt 
with  as  provided  in  the  penal  code.     The  time  spent  at  the  hospital 
•counts  as  time  served  on  the  sentence. 


CALIFORNIA  24 

1368.  When  a  defendant  is  acquitted  on  the  ground  of  insanity  the 

court  may  summon  a  jury  to  inquire  whether  the  insanity  continues. 
If  it  is  so  decided,  he  is  committed  to  the  state  hospital, 
convicts  When  the  warden  of  one  of  the  state  prisons  and  such  other  officers 

's8?-  as  may  be  designated  by  the  directors  of  the  same  to  act  with  him  in 

such  cases,  believe  any  convict  to  be  insane,  after  proper  examina- 
tion, the  warden  must  certify  the  fact  to  the  superintendent  of  one 
of  the  state  hospitals  for  the  insane,  and  send  the  convict  to  the 
hospital.  If  at  the  expiration  of  the  term  of  sentence  the  insane 
convict  is  still  in  the  hospital,  he  must  be  allowed  to  remain  there 
until  discharged  as  cured.  When,  in  the  opinion  of  the  superin- 
tendent, the  insane  convict  is  cured  of  insanity,  he  must  notify  the 
directors  of  the  prison  and  the  warden  who  must  receive  the  convict 
back  into  the  prison,  the  time  passed  at  the  hospital  counting  as  a 
part  of  his  sentence.  Before  discharging  a  convict  who  may  be 
insane  at  the  time  of  the  expiration  of  his  sentence,  the  warden  must 
notify  a  judge  of  the  superior  court  of  the  county  in  which  the  prison 
is  located  of  the  fact  of  such  insanity.  The  court  must  order  the 
sheriff  of  the  county  to  take  the  insane  convict  before  the  court.  If 
satisfied  after  having  him  examined  by  medical  experts  that  the 
convict  is  insane,  the  court  must  order  him  to  be  confined  in  one 
of  the  state  hospitals. 


25 


COLORADO 

Authorities: 

Mills'  Annotated  Statutes  of  Colorado,  1912 
Session  Laws  of  Colorado,  1915,  1917 

i.  ADMINISTRATION   AND    SUPERVISION 

a.  General.     The  state  board  of  charities  and  corrections  consists 
of  six  persons  appointed  by  the  governor  with  the  consent  of  the 
senate  for  a  term  of  six  years,  two  members  retiring  every  two    6°3> 
years.     The  governor  is  ex-officio  a  member  of  the  board,  and  may 
remove  any  member  of  the  board.     Members  of  the  board  receive 

no  compensation,  but  employ  a  salaried  secretary. 

The  board  has  power  to  investigate  the  whole  system  of  public 
charitable  and  correctional  institutions  which  derive  their  support 
wholly  or  in  part  from  state,  county  or  municipal  appropriation. 
Officers  of  such  institutions  must  furnish  the  board  such  informa- 
tion, statistical  or  otherwise  as  may  be  demanded.  The  board 
must  make  a  biennial  report  to  the  governor. 

The  state  board  of  corrections,  composed  of  three  commissioners  Sections 
appointed  by  the  governor  for  terms  of  six  years,  has  full  con-j£*s2.°f  IpIS* 
trol,   management,  and   supervision  of   the  state  hospital  for  the 
insane,  the  state  penitentiary,  and  the  state  reformatory.     Each 
commissioner  receives  $1,200  per  annum  and  actual  expenses. 

The  board  of  corrections  has  full  control  and  supervision  of  all  st^It|s- 
the  property,  grounds  and  buildings  of  the  state  hospital,  and  its 
entire  government.  It  prescribes  rules  and  by-laws  for  the  manage- 
ment of  the  hospital  and  its  inmates,  and  for  the  government  of  its 
officers  and  employees,  and  must  make  proper  provision  for  the 
reception,  treatment,  discharge  and  transfer,  either  from  or  to  other 
institutions  or  from  the  hospital  to  family  care  and  the  return 
therefrom,  of  all  inmates  who  may  be  committed  to  the  hospital. 

The  probate  judges  of  the  several  counties  appoint  for  terms  of  ^*tr0dr°f  county 
three  years  six  persons,  three  of  whom  must  be  women,  to  constitute    6is- 
a  county  board  of  visitors. 

Each  board  must  visit  at  least  once  in  three  months  all  charitable    616. 
or  corrective  institutions  that  are  under  county  or  municipal  control 
and    recommend    necessary    changes    and    improvements.     Each    6r7- 
board  must  file  an  annual  report  with  the  state  board  of  charities 
and  corrections. 

b.  Institutional.     There  are  no  local  boards  of  trustees.     The  Superintendent, 
commissioners   appoint    a   superintendent    to    hold   office    during 

their  pleasure,  who  must  be  a  physician,  a  graduate  of  an  incor- 


COLORADO  26 

4718.  porated  medical  college,  of  at  least  five  years'  actual  experience  in  a 

4717.  hospital  for  the  treatment  of  the  insane.     The  commissioners  may 

provide  for  an  assistant  superintendent  who  must  be  a  physician  of 
at  least  five  years'  practice  in  his  or  her  profession,  two  or  more  res- 
ident physicians,  one  of  whom  must  be  a  woman,  and  for  such  other 
assistants  and  employees  as  may  be  necessary,  and  fix  their  respec- 
tive salaries.  All  assistants  and  employees  are  selected  and  ap- 
pointed by  the  superintendent,  subject  to  the  approval  of  the 
commissioners,  and  hold  their  positions  subject  to  rules  and  regula- 
tions of  the  commissioners. 

The  hospital  for  the  insane  maintained  by  the  city  of  Denver 
is  under  the  control  of  the  municipal  authorities. 

2.  CARE 

a.  In  state  institutions.     Colorado  State  Hospital,  Pueblo;  estab- 
lished 1879;  1,200  beds. 

b.  In  local  institutions.     The  city  of  Denver  maintains  a  depart- 
ment for  the  insane  connected  with  the  city  and  county  hospital. 
Insane  persons  who  can  not  be  provided  for  in  the  state  hospital 
may  be  maintained  in  county  infirmaries,  under  the  control  of  the 
board  of  county  commissioners,  the  chairman  of  which  is  ex-omcio 
overseer  of  the  poor. 

3.  COMMITMENT 

ch!?!? IJ>1S>        a*  Persons  committed.    The  term  "insane  person"  includes  idiots, 
x-  and  any  person  so  insane  or  distracted  in  his  mind  as  to  endan- 

ger his  own  person  or  property,  or  the  person  and  property  of 

Laws  of  1917,  others,  if  allowed  to  go  at  large.  All  persons  adjudged  insane  are* 
wards  of  the  state.  It  is  the  duty  of  the  board  of  corrections  to 
admit  them  to  the  state  hospital  or  provide  and  care  for  them 
elsewhere. 

b.  Legal  procedure  in  commitment.  Whenever  a  reputable  per- 
son files  with  the  county  court  a  duly  verified  complaint  alleging  that 
any  person  in  the  county  is  so  insane  or  distracted  in  his  mind  as  to 
endanger  his  own  person  and  property  or  the  person  and  property 
of  others,  if  allowed  to  go  at  large,  the  county  court  must  have  the 
patient  taken  into  custody.  If  a  sheriff  or  constable  finds  such  an 
insane  person  at  large  in  his  county,  he  must  apprehend  him  without 
an  order  of  court. 

To  the  insane  person  so  arrested  must  be  delivered  a  copy  of  the 
complaint  and  order.  The  judge  issuing  the  order  may  designate 
a  hospital  or  other  convenient  suitable  place  for  detention  until  he 
shall  determine  whether  an  examination  into  the  mental  condition  of 
the  person  is  desirable.  If  apprehended  without  an  order  the  insane 


27  COLORADO 

person  must  be  taken  before  the  county  court  which  determines 
forthwith  whether  an  examination  is  desirable,  but  may  order  the 
person  confined,  observed,  treated  and  cared  for  temporarily. 

The  judge  appoints  a  lunacy  commission  of  two  physicians  resident  J; 
in  the  county  (if  only  one  physician  is  available  a  layman  may  be 
substituted).     No  member  of  a  lunacy  commission  shall  be  a  rela-    *• 
tive  of  the  person  alleged  to  be  insane,  or  a  manager,  superintend-    l6- 
ent,  proprietor,  officer,  stockholder,  or  have  any  pecuniary  interest, 
directly  or  indirectly,  or  be  an  attending  physician,  in  the  insti- 
tution to  which  it  is  proposed  to  commit  such  person. 

The  commission  examines  the  person  in  the  presence  of  a  guardian  Examination, 
ad  litem  to  be  appointed  by  the  court.     Subpoenas  must  be  issued 
to  procure  the  attendance  of  witnesses  desired  by  a  commission, 
guardian  or  county  attorney.     A  lunacy  commission  has  power  to 
administer  oaths  and  the  right  to  examine  witnesses  whether  they 
are  subpoenaed  or  not.     The  commission  must  report  within  48    6- 
hours  of  its  first  session  and  notice  of  the  presentation  of  report  must 
be  given  to  the  board  of  county  commissioners  or  county  attorney. 
The  judge  must  approve  the  findings  and  if  the  person  is  dangerous  commitment, 
to  be  allowed  at  large,  must  commit  him  to  the  state  hospital  or 
other  suitable  place. 

Every  inquest  in  lunacy  must  be  brought  in  the  name  of  the  people    »3« 
of  the  state  of  Colorado,  and  be  prosecuted  by  the  county  attorney 
of  the  respective  county,  or  in  case  of  his  absence  or  inability,  by  a 
duly  qualified  attorney  or  other  suitable  person.     No  inquest  may  be    **• 
had  as  to  the  lunacy  of  a  person  charged  with  a  criminal  offense  until 
such  criminal  offense  has  been  tried  and  dismissed  unless  the  judge 
of  the  district  court  wherein  the  offense  is  pending  shall  order  such 
inquest. 

No  insane  person  may  be  confined  in  any  city  or  county  jail  un~ n° tat°ebpeerson 
less  he  is  violent  and  his  absolute  safety  demands  such  confinement,  ffi*** in 
and  then  only  upon  an  order  from  the  county  court,  under  the  pen-  statutes, 
alty  of  a  fine  of  $10  to  $100  or  imprisonment  for  10  to  90  days,  or 
both.     Under  no  conditions  may  he  be  confined  in  any  jail  for  a 
longer  period  than  ten  days. 

A  physician  testifying  to  the  insanity  of  any  person  for  the  purpose  Physician 
of  securing  his  commitment  to  custody  must  be  of  reputable  char-lunacy. 
acter,  a  graduate  of  some  incorporated  medical  college,  a  permanent 
resident  of  the  state,  in  the  actual  practice  of  his  profession,  and 
not  connected  with  any  institution  for  the  insane.     The  possession 
of  such  qualifications  must  be  certified  by  the  judge  of  a  court  of 
record,  and  his  certificate  shall  constitute  such  physician  an  examiner 
in  lunacy.     To  act  as  medical  examiner  in  lunacy  cases  without    4704. 
authority  is  punishable  by  a  fine  of  $50  to  $300  or  imprisonment  from 


COLORADO  28 

30  to  90  days,  or  both.  This  provision  does  not  prevent  the  super- 
intendent from  testifying  in  lunacy  cases. 

en^ma"  'admit        c<  Voluntary  admission.     The  superintendent  of  a  hospital  or 
4723-  other  institution  for  the  treatment  of  the  insane  may  receive  and 

detain  as  a  patient  any  person  who  desires  treatment  and  makes 
written  application  therefor,  but  whose  mental  condition  is  not  such 
as  to  render  it  legal  to  grant  a  certificate  of  insanity  in  his  case;  but 
no  patient  may  be  detained  more  than  three  days  after  having  given 
notice  in  writing  of  his  intention  or  desire  to  leave.  Voluntary 
patients  must  pay  their  cost  of  maintenance. 

Jawso^'i          d.  Appeal  from  commitment.     Any  person  ordered  to  be  commit- 

ch.iis.  "  ted  or  any  friend  or  any  person  interested  in  the  proceedings  may 
within  five  days  after  the  order  of  the  judge,  demand  in  writing  that 
the  questions  considered  by  the  commission  be  tried  by  a  jury  of  six 
men.  At  such  trial  the  cause  against  the  person  complained  of  must 
be  represented  by  the  county  or  district  attorney  or  by  some  one 
appointed  by  the  county  judge  and  the  court  shall  appoint  a  guardian 
ad  litem  unless  the  patient  appears  by  his  own  counsel. 

ftatutesC°rpus'     ^  Person>  n°t  committed  or  detained  for  any  crime  or  supposed 
3344-  criminal  matter,  who  is  restrained  of  his  liberty,'  may  apply  for  a 

writ  of  habeas  corpus  to  the  circuit  or  district  court.  The  applica- 
tion, signed  by  the  party  or  some  person  on  his  behalf,  must  state 
the  facts  concerning  his  confinement  and  in  whose  custody  he  is 
detained. 

3365.  Any  county  court  or  county  judge  in  the  state  is  authorized  to 

issue  the  writ  of  habeas  corpus  in  the  absence  of  the  circuit  court  or 
district  court. 

4696.  e.  Cost  of  commitment.     Expenses  attending  any  inquest   in 

insanity  are  paid  out  of  the  estate  of  the  insane  by  the  conservator 
upon  the  order  of  the  county  court,  but  if  there  is  no  estate,  or  if 
any  original  inquest  results  in  discharge,  the  county  commissioners 
of  the  proper  county  must  allow  them. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

attendant  ^e  Judge  of  the  county  court  must  designate  some  trained  at- 

tendant  to  accompany  the  insane  patient  to  the  state  hospital, 


7-  and  every  female  patient  must  be  accompanied  by  a  female  attend- 

ant unless  accompanied  by  her  husband,  father,  brother  or  son. 
This  attendant  shall  have  entire  control  of  the  patient  until  delivered 
to  the  place  of  commitment.  The  judge  may  make  any  other  order 
relative  to  the  persons  to  accompany  the  patient  as  to  him  seems 
proper. 


29  COLORADO 

5.  TRANSFER   OF  PATIENTS 
6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

The  superintendent  of  the  state  hospital  has  the  power  to  issue  |£jjj2n' 
a  probationary  discharge  if  he  believes  it  to  be  for  the  best  interest    4696. 
of  any  patient  under  his  control.     When  any  person  confined  in  the 
state  hospital  has  been  restored  to  reason,  the  superintendent  must  Discharge, 
discharge  him  and  notify  the  judge  of  the  county  court  by  which 
the  patient  was  adjudged  insane  that  the  insane  person  has  been 
restored  to  reason  and  discharged.     Paupers  when  discharged  must    4697. 
be  furnished  with  a  sum  of  money,  clothing,  and  transportation  to 
their  homes. 

If  a  reputable  person  present  to  the  county  court  of  any  county  JJ^jlJ**8 
where  a  person  is  confined  as  an  insane  person,  other  than  in  the  institutions, 
state  hospital,  an  application  in  writing  for  his  discharge  on  the 
ground  that  he  has  been  restored  to  reason,  the  court  must  appoint 
two  reputable  physicians  to  make  inquiry,  and  at  least  one  of  whom 
must  not  be  officially  connected  with  the  institution  where  the 
patient  is  confined.     If  it  is  found  that  the  patient  has  been  restored 
to  reason,  he  must  immediately  be  set  at  liberty. 


7.  COST   OF   MAINTENANCE 

ained  of  has  real  ®°  -md 


If  the  commission  reports  that  the  person  complained  of  has  real  ®°  -md  igen  ts. 


or  personal  estate  or  if  this  fact  comes  to  light  at  any  time  after- 
ward,  the  court  appoints  a  conservator,  who  applies  the  estate  to 
the  patient's  maintenance.     Relatives  and  next  of  kin  are  liable  for    is. 
a  patient's  support.     If  the  patient  has  no  estate,  he  is  supported  In|igents 
at  the  expense  of  the  state. 

Whenever  any  county  expends  any  money  in  the  necessary  sup-  statutes. 
port,  maintenance  or  preserving  in  custody  of  any  insane  pauper, 
the  county  must  be  reimbursed  from  the  fund  for  the  support  of  the 
insane  by  the  auditor  of  the  state. 

8.  CRIMINAL  INSANE 

There  may  be  committed  to  the  ward  for  criminal  insane  :  danger- 
ous  persons  who  have  committed  high  crimes  or  misdemeanors; 
persons  chaiged  with  committing  such  crimes  who  are  believed  to 
feign  insanity  or  in  regard  to  whose  insanity  there  may  be  so  great  a 
doubt  so  as  to  require  the  investigation  of  examiners;  persons 
acquitted  of  such  crimes  on  the  ground  of  insanity;  persons  charged 
with  the  commission  of  any  crimes  who  become  insane  before  trial  or 
sentence;  persons  becoming  insane  while  in  prison  after  conviction 
of  any  crime,  and  continuing  insane  throughout  the  term  of  sentence, 
who  have  no  friends  or  relatives  to  whom  they  may  be  delivered  at 


COLORADO  30 

the  expiration  of  sentence;  and  insane  convicts  generally  whose 
insanity  has  been  ascertained,  and  who  may  be  transferred  from 
penal  institutions. 

Recovery.  Upon  the  recovery  of  any  person  who  has  been  transferred  from 

the  state  penitentiary  or  state  reformatory  to  the  state  hospital,  it  is 
the  duty  of  the  superintendent  of  the  hospital  to  notify  the  warden 
of  the  state  penitentiary  or  state  reformatory,  who  must  transfer  the 
person  to  the  place  of  his  former  commitment  for  the  purpose  of 
serving  out  his  sentence,  if  it  has  not  expired. 


31 


CONNECTICUT 

Authorities: 

General  Statutes  of  Connecticut,  1902 

Public  Acts  of  Connecticut,  1903,  1905,  1909,  1915,  1917 

i.  ADMINISTRATION  AND  SUPERVISION 

a.  General.     The  state  board  of  charities  is  composed  of 
members,  two  of  whom  are  women,  appointed  by  the  governor 
terms  of  four  years,  subject  to  removal  by  him  for  cause.     The    286s- 
members  receive  no  compensation  for  their  services.  2864> 

The  board  must  meet  at  least  once  in  two  months.     It  must  m- 
spect  all  institutions  in  which  persons  are  held  under  compulsion, 
to  ascertain  how  they  are  treated  and  whether  properly  held  and  may 
correct  any  abuses  found,  through  the  persons  in  charge  of  the  in- 
stitutions.     The  state  institutions  must  be  visited  once  in  three 
months  by  at  least  one  member  of  the  board  of  each  sex.     All    a766- 
hospitals  for  the  insane  must  be  visited  and  inspected  at  least  once  in 
six  months.     The  board  must  appoint  three  supervisors  of  children  supervisors, 
in  state  institutions.     The  board  reports  annually  to  the  governor  ^^ of  J$>o3, 
and  general  assembly. 

Private  hospitals  for  the  insane  must  be  licensed  by  the  governor.  {^j.v!tais 
An  application  for  license  must  show  the  proposed  location,  the8^^68- 
number  of  persons  for  whom  accommodations  will  be  provided,  and 
the  previous  experience  of  the  applicant  in  the  care  and  treatment 
of  the  insane.     The  physician  in  charge  must  be  registered  and  have 
at  least  three  years'  experience  as  medical  attendant  in  some  in- 
stitution for  the  insane.     The  license  may  be  revoked  by  the  gov- 
ernor upon  proof  that  the  institution  is  improperly  conducted.     The 
penalty  for  carrying  on  a  private  hospital  in  violation  of  law  is  a 
fine  of  not  more  than  $1,000  or  imprisonment  for  six  months,  or  both. 

b.  Institutional.     The  state  hospitals  are  under  the  immediate  g^^of 
management  of  boards  of  trustees  consisting  of  the  governor  and 
twelve  trustees,  appointed  by  the  senate,  one  from  each  county  and 
four  from  the  vicinity  of  the  hospital. 

The  trustees  have  charge  of  the  general  interests  of  the  hospitals,    a?75. 
appoint  and  remove  all  the  officers  and  attendants,  fix  their  com- 
pensation, and  make  rules  and  regulations  for  the  conduct  of  the 
institutions. 

The  superintendent  must  .be  a  competent  physician  and  may  be  Superintendent, 
authorized  by  the  trustees  to  admit  patients  under  special  arrange-    a'78- 
ment  when  there  are  vacancies. 


CONNECTICUT 


32 


Removal 
from  alms- 
houses. 
Acts  of  1915, 
ch.  294. 


Jurisdiction. 
2736. 


Hearing. 
2738. 


2.  CARE 

a.  In  state  institutions. 

Connecticut  Hospital  for  the  Insane,  Middletown;  established  1868; 

2,720  beds. 

Norwich  State  Hospital  for  the  Insane,  Norwich;  established  1903; 
1,230  beds. 

Public  patients  are  occasionally  sent  to  the  Hartford  Retreat, 
a  private  institution,  Hartford;  established  1824;  165  beds.  Such 
patients  are  maintained  in  part  by  the  state,  the  major  part  of  the 
cost  of  maintenance  being  paid  by  the  towns  in  which  they  have 
a  legal  settlement. 

The  state  prison  has  an  insane  ward  for  males,  with  a  normal 
capacity  of  40  beds. 

b.  In  local  institutions.     There  are  no  local  public  institutions 
for  the  insane. 

The  authorities  in  charge  of  almshouses  must  have  all  inmates 
examined  by  a  physician  at  least  once  in  six  months  and  institute 
proceedings  for  the  commitment  of  any  insane  persons  found  there. 
In  case  any  town  fails  to  institute  such  examination  the  state  board 
of  charities  shall  do  so  at  the  expense  of  the  town. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons  who  are  residents  of 
the  state  are  entitled  to  admission  to  the  state  hospitals.     Non- 
resident insane  paupers  may  also  be  committed. 

b.  Legal  procedure  in  commitment.     The  jurisdiction   of   the 
commitment  of  an  insane  person  to  a  hospital  is  vested  in  the 
court  of  probate  for  the  district  in  which  the  person  resides,  or  in 
which  he  may  be  at  the  time  of  filing  the  complaint,  except  in  cases 
where  it  is  otherwise  expressly  provided  by  law.     Courts  of  probate 
may  exercise  such  jurisdiction  only  upon  written  complaint,  which 
may  be  made  by  any  person.     If  an  insane  person  is  at  large  and 
dangerous  to  the  community,  the  selectmen  of  the  town  in  which  he 
resides  or  is  at  large,  must  make  complaint.     Except  when  other- 
wise specially  provided  by  law,  no  person  may  be  committed  to  a 
hospital  for  the  insane  without  an  order  of  a  court  of  probate ;  except 
in  cases  of  sudden  and  violent  insanity,  when  he  may  be  detained  in 
a  hospital  for  not  more  than  48  hours  without  special  order  of  a  court 
of  probate,  but  proceedings  must  forthwith  be  commenced  in  that 
court. 

Within  ten  days  after  a  complaint  has  been  filed,  the  probate 
court  must  appoint  a  hearing,  giving  due  notice  to  the  person  al- 
leged to  be  insane  and  to  others  concerned.  The  court  may  also 
cause  the  person  complained  of  to  be  brought  before  it  to  see  and 


33  CONNECTICUT 

examine  him,  if  in  its  judgment  his  condition  or  conduct  renders  it 
necessary  and  proper  so  to  do,  or  state  in  its  final  order  w^iy  it  was 
not  necessary  or  advisable  so  to  do.  While  the  proceedings  are  *739- 
pending,  the  court  may  order  the  restraint  of  the  alleged  insane  274°- 
person.  The  court  must  require,  in  addition  to  any  oral  testimony, 
the  sworn  certificates  of  at  least  two  reputable  physicians,  who 
are  graduates  of  legally  organized  medical  institutions  and  have 
been  practitioners  of  medicine  at  least  three  years  within  the  state, 
and  are  not  connected  with  any  asylum  nor  related  to  the  complain- 
ant, nor  to  the  person  alleged  to  be  insane.  One  of  the  physicians 
is  to  be  selected  by  the  court.  The  certificate  of  the  physicians  must 
state  that  they  have  personally  examined  him  within  ten  days  of  the 
hearing,  and  that  in  their  opinion  he  is  insane  and  a  fit  subject  for 
confinement  in  a  hospital.  If  the  court  finds  that  he  is  insane  and  a  commitment, 
fit  subject  for  treatment  in  a  hospital,  it  must  order  his  commit- 
ment to  a  hospital,  to  be  confined  while  the  insanity  continues,  or 
until  discharged  in  due  course  of  law. 

When  a  pauper  in  any  town  is  insane,  a  selectman  of  the  town 
may  apply  to  the  court  of  probate  for  the  district  in  which  thechj335. 
pauper  resides  for  his  commitment  to  a  state  hospital  for  the  insane, 
and  the  court  must  appoint  two  reputable  physicians  to  investigate 
the  facts  of  the  case  and  report  to  the  court.  If  they  find  the  pauper 
insane,  the  court  may  commit  him  to  one  of  the  state  hospitals  for 
the  insane. 

When  an  indigent  person  not  a  pauper  is  insane,  application  may 
be  made  by  any  person  or  the  selectmen  in  his  behalf  to  the  court  of 
probate  for  the  district  in  which  he  resides,  and  said  court  -must  ap- 
point two  reputable  physicians,  and  a  selectman  of  the  town  of  the 
indigent  person  to  investigate  the  facts  and  report  to  the  court.  The 
selectman  must  include  in  his  report  a  statement  of  the  facts  relating 
to  the  residence  of  the  person,  and  an  estimate  of  the  value  of  his 
estate  so  far  as  it  can  be  ascertained.  If  the  court  of  probate  is 
satisfied  that  the  person  is  indigent  and  insane  and  a  resident  of  any 
town  within  its  jurisdiction,  it  must  order  him  to  be  taken  to  one 
of  the  state  hospitals  for  the  insane.  The  judge  making  the  order 
of  commitment  must  state  the  towji  of  which  the  indigent  insane 
person  is  a  resident  and  the  reported  amount  of  his  estate.  No  court 
of  probate  in  this  may  commit  to  an  insane  hospital  within  the  state 
a  person  who  is  found  by  it  not  to  be  a  resident  of  a  town  within  the 
jurisdiction  of  the  court. 

Whenever  a  court  orders  the  admission  of  a  pauper  or  indigent  Jj*'^1908' 
person  to  a  state  hospital  for  the  insane,  it  must  record  the  order,    I- 
and  give  a  certified  copy  of  it  and  of  the  proceedings  to  the  person  by 
whom  the  patient  is  to  be  taken  to  the  hospital  and  transmit  a  copy 


CONNECTICUT 


34 


25peSdeBt 
Acts  of  1917, 

9- 


statutes. 


?ro«edSgs.°f 
19I7> 


sItat>utae'sCOrpus' 


to  the  governor.  In  case  neither  of  the  state  hospitals  for  the  in- 
sane can  accommodate  the  person  to  be  committed,  the  court  may 
commit  such  person  to  another  suitable  asylum  or  hospital. 

Any  insane  pauper,  not  a  resident  of  any  town  in  the  state, 
may  be  committed  by  the  governor  to  any  suitable  place  of  de- 
tention  upon  presentation  of  the  sworn  certificate  of  two  phy- 
sicians of  recognized  standing,  that  they  have  found  upon 
examination  that  the  person  is  insane;  in  case  the  commitment 
is  to  be  made  to  a  state  institution,  the  certificate  must  be  upon 
a  f°rm  prescribed  by  the  attorney-general.  Any  person  who  has 
suddenly  become  insane  and  is  in  need  of  treatment  may,  upon 
application  and  the  certificate  of  a  physician,  be  admitted  to  any 
hospital  for  the  insane,  public  or  private,  for  ten  days.  If  fur- 
ther treatment  is  needed,  the  superintendent  must  apply  for 
commitment. 

c*  Voluntary  admission.  Any  hospital  may  receive  for  observa- 
tion  and  treatment  any  person  who  in  writing  requests  to  be  re- 
ceived; but  no  such  person  shall  be  confined  in  any  hospital  for 
more  than  ten  days  after  he  has  given  notice  in  writing  of  his 
desire  to  leave,  without  commitment  from  some  court  of  compe- 
tent jurisdiction. 

d.  Appeal  from  commitment.  Any  person,  relative  or  friend  has 
the  right  to  appeal  from  the  order  of  the  court  on  behalf  of  any 
person  found  to  be  insane.  The  court  of  probate,  on  such  appeal, 
must  order  notice  given  to  the  parties  to  the  proceedings  and  to 
other  persons  as  it  may  deem  proper;  and  may  require  an  appellant 
to  give  bond  to  pay  all  legal  costs  and  expenses  of  the  hearing  if 
successful.  On  the  trial  of  an  appeal,  the  superior  court  may  re- 
quire the  state's  attorney  to  be  present,  for  the  protection  of  the 
interests  of  the  state  and  public.  Pending  an  appeal  to  the  superior 
court,  it  may  make  provisions  for  the  care  of  the  person  complained 
of. 

Anv  Person  committed  or  any  person  interested  may  apply  to  the 
court  f°r  a  revocation  of  the  order.  The  court  must  give  notice  to 
all  parties  concerned,  hold  a  hearing  and  determine  the  application. 

^  insane  persons  confined  in  any  institution  in  the  state  are  en- 
titled  to  the  benefit  of  the  writ  of  habeas  corpus,  and  the  question 
of  insanity  must  be  determined  by  the  court  or  judge  issuing  it.  If 
the  court  decides  that  the  person  is  insane,  this  decision  is  no  bar  to 
issuing  such  writ  a  second  time,  if  it  is  claimed  that  the  person  has 
been  restored  to  reason. 

^n  m^°rmation  that  any  person  is  unjustly  confined  in  any  insane 
hospital,  or  in  any  neighborhood  hospital  in  this  state,  or  in  the 
custody  of  any  individual  under  an  order  of  a  court  of  probate,  any 


35  CONNECTICUT 

judge  of  the  superior  court  may  appoint  a  commission  of  not  less 
than  two  persons  to  inquire  into  the  case.  If  in  their  opinion  the 
person  is  not  legally  detained,  or  is  cured,  or  his  confinement  is  no 
longer  beneficial  or  advisable,  the  judge  must  order  his  discharge; 
but  no  commission  may  be  appointed  with  reference  to  the  same 
person  oftener  than  once  in  six  months.  The  judge  before  whom 
the  proceedings  are  had  may  tax  reasonable  costs  at  his  discretion. 

e.  Cost  of  commitment.  All  fees  and  expenses  incurred  by  Pe«°ns  liable, 
commitment  proceedings  must  be  paid  out  of  the  estate  of  the 
person  found  insane,  if  he  has  sufficient  estate,  and,  if  not,  by  his 
relatives  liable  to  support  him,  if  of  sufficient  ability,  and  if  there 
are  none  such,  then  by  the  town  to  which  he  belongs.  In  case  the 
person  is  found  not  to  be  insane^  the  fees  and  expenses  must  be  paid 
by  the  complainant. 

4.  CONVEYING   PATIENTS   TO    THE   HOSPITAL 

State  hospitals  and  other  hospitals  for  the  insane  must,  if  pos-  fiy  hospital 
sible,  when   requested   by  an   officer  of  the   court,  send  properly  L£ws  pf  ^T. 
trained   attendants  or  nurses  to  attend  any  hearing  concerning    3- 
the  commitment   of   an   insane   person,  and  such   attendant   or 
nurse   when   present   must   be   designated   by  the    court  as   the 
authority  to  serve  the  commitment.     If  no  other  attendant  is  ap- 
pointed by  the  court,  the  selectmen  of  the  town  must  provide  for 
the  conveyance  of  the  patient  to  the  hospital. 

In  appointing  a  person  to  convey  the  insane  patient  to  the  hos-  statutes, 
pital,  the  court  must  give  preference  to  a  near  relative  or  friend 
of  the  insane.     Unless  a  female  patient  is  in  charge  of  a  member    2?5o. 
of  her  own  family,  the  court  must  direct  that  at  least  one  adult 
female  shall  accompany  her. 

5.  TRANSFER   OF   PATIENTS 

The  governor  may  at  any  time  cause  an  inmate  to  be  transferred  ^^or 
from  one  state  hospital  to  another  as  circumstances,  in  his  judgment,  ^9°6f  I9°s» 
may  require.  6- 

Any  inmate  of  any  institution  for  the  feebleminded,  epileptic  or  By^he  court, 
insane  may  be  transferred  to  any  other  institution  by  the  courtch-33s- 
making  the  original  commitment.     The  institution  from  which  the 
transfer  is  made  must  pay  all  of  the  costs. 

6.  PAROLE   AND   DISCHARGE   OF   PATIENTS 

The  superintendent  of  any  institution  for  the  insane  may,  under  Par^fn^n*ent 
such  restrictions  or  agreements  as  he  deems  proper,  permit  any  $£*• of  I9°9' 
inmate  to  leave  the  institution  temporarily,  in  charge  of  his  guardian,     *• 
relatives,  friends,  or  by  himself,  for  a  period  of  time  not  exceeding 
six  months.     The  original  order  of  commitment  remains  in  force 


CONNECTICUT 


36 


Discharge  by 
the  trustees.  . 
Acts  of  1915, 
•ch.p. 


Discharge  by 
the  court. 
Statutes. 
2756. 


Paupers. 
Acts  of  1917, 
ch.  335. 


Indigents, 
ch.  219. 

Acts  of  1905, 
ch.  196. 


Non-resident 
paupers. 
Acts  of  1917, 
ch.335- 


Examination 
of accused 
who  appear  t 
be  insane. 
Statutes. 
1472. 


Disposition 
of  accused 
acquitted  on 
the  ground  of 
insanity. 
1473- 


and  effective  until  the  patient  is  officially  discharged  by  the  authori- 
ties of  the  institution.  He  may  be  returned  by  his  guardian,  rela- 
tives, or  friends,  or  by  himself,  or  may  be  recalled  by  the  authorities 
of  the  institution  at  any  time  during  the  six  months.  The  expense, 
if  any,  of  such  recall  or  return  is,  in  the  case  of  an  indigent,  to  be 
paid  by  those  responsible  for  his  support,  or,  in  the  case  of  pauper, 
by  the  town  of  which  he  is  a  resident. 

The  officers,  directors  or  trustees  of  a  state  hospital  when  notified  by 
the  superintendent  that  a  patient  is  not  insane  or  a  proper  subject  for 
confinement  may  petition  the  superior  court  to  order  his  discharge. 
A  copy  of  the  petition  shall  be  served  upon  the  selectmen  of  the  town 
to  which  the  person  belongs.  If  of  the.  opinion  that  the  patient  is 
not  legally  detained  or  cured  or  no^  longer  benefited  by  confinement, 
the  judge  shall  order  his  discharge  or  direct  other  disposition. 

Any  person  held  in  confinement  as  an  insane  person  under  the 
order  of  a  court  of  probate  may,  upon  proper  application  and  satis- 
factory proof  that  he  has  been  restored  to  reason,  be  ordered  dis- 
charged by  such  court. 

7.  COST  OF  MAINTENANCE 

In  the  case  of  an  insane  pauper,  the  town  whose  selectman  ap- 
plied for  commitment  must  pay  $2  per  week  for  his  support  at  the 
hospital,  the  balance  being  paid  by  the  state.  In  the  case  of  an 
indigent  person  not  a  pauper,  the  person  making  the  application 
must  pay  a  reasonable  amount  for  his  support,  the  balance  being 
paid  by  the  state.  Provision  is  made  for  the  recovery  by  a  town 
from  a  person  liable  for  the  support  of  a  patient  or  from  any  town  to 
which  a  person  is  chargeable. 

The  support  of  insane  paupers  who  are  not  residents  of  any  town 
in  the  state  (who  may  be  committed  by  the  governor  to  any  suitable 
place  of  detention)  is  paid  by  the  state  to  an  amount  not  exceeding 
$3.75  per  week. 

8.  CRIMINAL  INSANE 

When  a  person  committed  for  trial  to  the  county  jail  appears  to 
be  insane,  a  judge  of  the  superior  court  on  application  of  the  sheriff 
may  appoint  three  physicians  to  examine  him;  and  if  the  physicians 
find  him  insane,  the  sheriff  must,  upon  the  order  of  the  judge,  transfer 
him  to  the  Connecticut  Hospital  for  the  Insane  at  Middletown,  until 
the  time  of  his  trial. 

Any  superior  court,  criminal  court  of  common  pleas,  city  court, 
or  police  court,  before  whom  any  person  is  tried  on  criminal  charge) 
and  acquitted  on  the  ground  of  insanity,  may  order  him  to  be  con- 
fined in  the  Connecticut  Hospital  for  the  Insane  for  such  time  as  the 
court  shall  direct,  unless  some  person  undertakes  under  bond  to  the 
state  to  confine  him  in  such  manner  as  the  court  may  order. 


37  CONNECTICUT 

Any  person  tried  on  any  criminal  charge  who  has  been  acquitted  j^1***6  of 
on  the  ground  of  insanity  or  dementia,  and  confined  in  the  Con- £°™™itted 
necticut  Hospital  for  the  Insane,  may  petition,  or  the  officers  of 
institution  may  petition,  the  superior  court  of  the  county  in  which 
he  is  confined  for  his  discharge.  The  petition  must  be  served  like 
civil  process  on  the  selectmen  of  the  town  to  which  he  belongs,  and 
upon  the  person,  if  any,  upon  whom  the  offense  was  charged  to  have 
been  committed,  and  upon  the  state's  attorney  of  the  county  in 
which  the  trial  was  had.  The  state's  attorney  must  represent  the 
state  on  the  application. 

When  a  person,  tried  on  any  criminal  charge  and  acquitted  on  *e 
the  ground  of  insanity,  has  been  confined  in  a  hospital  for  the  insane  acqui^ed. 
for  a  specified  term,  and  is  found  still  to  be  suffering  from  insanity 
at  the  expiration  of  the  term,  the  superintendent  of  the  hospital 
must  certify  the  facts  to  the  state's  attorney  for  the  county  wherein 
the  trial  was  had,  who  must  procure  from  the  court  an  order  for  the 
confinement  of  the  person  in  the  hospital  until  his  recovery. 

When  in  the  opinion  of  the  jailer  of  any  common  jail,  a  prisoner  gjj|°°ers  in 
appears  to  be  insane,  he  must  immediately  report  the  fact  to  the  278*- 
governor,  who  shall  appoint  a  commission  of  not  more  than  three 
experts  to  examine  the  prisoner.  If  the  commission  find  the  prisoner 
insane,  the  governor,  having  approved  its  report,  must  order  him 
committed  to  the  Connecticut  Hospital  for  the  Insane  until  the 
expiration  of  the  term  for  which  he  was  committed,  or  until  he  has 
recovered  from  his  insanity.  If  the  prisoner  has  recovered  his 
reason  before  the  expiration  of  the  term  for  which  he  was  com- 
mitted, the  superintendent  of  the  hospital  must  report  the  fact  to 
the  governor,  who  shall  appoint  a  commission  to  examine  into  his 
sanity;  and  if  he  has  ceased  to  be  insane,  the  governor  must  order 
his  return  to  the  jail. 

When  a  convict,  transferred  from  a  county  jail  to  the  Connecticut  378*  • 
Hospital  for  the  Insane,  is  confined  as  insane,  at  the  time  of  the 
expiration  of  the  term  of  imprisonment  for  which  he  was  com- 
mitted the  superintendent  must  certify  the  facts  to  the  governor, 
who  may  order  the  detention  of  the  person  until  he  has  recovered 
from  his  insanity. 

A  male  convict  in  the  state  prison  becoming  insane  is  cared  for  in 
the  insane  ward  of  the  prison;  a  female,  on  certification  by  the 
physician  and  consulting  physician  of  the  prison,  is  reported  to 
the  governor,  who  orders  her  removed  to  a  state  hospital.  When 
an  insane  male  convict  has  finished  his  sentence,  he  is  discharged 
from  the  prison  into  the  custody  of  the  Connecticut  Prison  Asso- 
ciation, which  arranges  for  the  prisoner's  commitment  to  the  state 
hospital,  if  in  its  judgment  further  confinement  is  necessary. 


38 


Board  of 
supervisors 
of  state 
institutions. 
Revised  code. 

1003. 

zoos. 


Board  of 

trustees. 

2593- 


2603. 


DELAWARE 

Authorities : 

Revised  Code  of  Delaware,  1915- 
Laws  of  1915,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  board  of  supervisors  of  state  institutions  con- 
sists of  the  governor  and  two  residents  of  the  state  who  are  appointed 
and  removed  by  the  governor.     They  serve  for  four  years  and 
receive  $100  per  annum  for  expenses.     The  supervisors  must  visit 
at  least  once  in  three  months  all  the  state  and  other  institutions 
within  the  state  to  which  the  state  appropriates  money  and  may 
investigate  all  matters  relating  to  the  conduct  of  the  institutions 
and  make  any  suggestions  or  changes  in  the  control  of  patients  as 
they  may  deem  proper  and  necessary.     Any  complaint  of  cruel, 
barbarous,  or  unfair  treatment  made  by  an  inmate  of  an  institution 
wherein  persons  are  deprived  of  their  liberty  must  be  fully  investi- 
gated and  if  it  is  well  founded,  the  board  must  prepare  and  present 
the  person's  charges  against  the  one  at  fault  to  the  board  of  manag- 
ers or  the  trustees  of  the  institution.     The  supervisors  must  examine 
carefully  into  the  financial  arrangements  of  the  institutions,  the  pur- 
chase of  supplies,  and  disposition  of  funds,  and  make  recommenda- 
tions to  boards  of  trustees  or  managers.     They  must  submit  a 
statement  to  the  governor  at  any  time  on  his  request  and  a  full 
report  biennially  to  the  legislature. 

b.  Institutional.     The  state  hospital  for  the  insane  is  under  the 
management  of  a  board  of  trustees  of  nine  members,  three  from 
each  county,  who  are  appointed  by  the  governor  for  terms  of  three 
years.     One  trustee  from  each  county  must  be  a  physician  in  good 
standing.     More  than  one  political  faith  must  be  represented  from 
each  county. 

The  board  of  trustees  has  sole  and  complete  control  and  man- 
agement of  the  Delaware  state  hospital  at  Farnhurst,  appoints 
physicians,  stewards,  matrons,  nurses  and  all  other  necessary  serv- 
ants, and  fixes  their  terms  of  service  as  well  as  their  pay;  provides 
suitable  food,  raiment,  medicine  and  all  other  things  necessary  for 
the  comfort  and  improvement  of  the  hospital.  Each  member 
receives  a  fee  and  compensation 'for  attending  board  meetings.  The 
board  'is  prohibited  from  doing  or  contracting  for  any  construc- 
tion or  erection  of  buildings. 


39  DELAWARE 

2.  CARE 

a.  In  state  institutions. 

Delaware  State  Hospital,  Farnhurst;  established  1889;   500  beds. 
There  are  separate  wards  for  white  and  colored  patients. 

b.  In  local  institutions. 

3.  COMMITMENT 

a.  Persons  committed.     All   indigent  insane  persons  must  be    a598- 
admitted  to  the  hospital  upon  the  written  order  of  one  of  the  board 

of  trustees.     The  board  of  trustees  may  also  receive  insane  patients    26cl- 
from  other  states  who  are  able  to  pay  for  their  maintenance  and 
support.     Insane  who  are  residents  of  the  state  may  be  received  as 
pay-patients.     The  commitment  of  any  person  does  not  raise  any 
presumption  against  his  sanity. 

b.  Legal  procedure  in  commitment.     Before  a  patient  can  be  L**8  of  wn, 
received  at  the  hospital  a  certificate  must  be  filed  with  the  superin- 
tendent, made  and  sworn  to  by  at  least  two  physicians,  residents  of  AdmiMion  by 
this  state,  who  have  been  actively  engaged  in  practice  in  the  same  certificate, 
state  and  county  as  that  in  which  alleged  insane  "person  resides. 

The  certificate  must  state  that  the  physicians  have  separately 
examined  the  person,  that  they  believe  that  his  disease  requires 
hospital  care  and  treatment;  and  that  they  are  in  no  way  related 
by  blood  to  or  connected  by  marriage  with  him,  nor  in  any  way 
connected  with  the  hospital.  The  commitment  papers  of  any  in- 
mate of  the  New  Castle  county  almshouse  must  be  signed  by  at 
least  one  of  the  physicians  required  by  law  to  examine  patients 
committed  from  the  city  of  Wilmington.  The  certificate  must  be 
made  within  one  week  after  the  examination  of  the  person,  and 
within  two  weeks  of  the  time  of  the  application  for  admission  to  the 
hospital.  The  certificate  must  be  signed  by  the  physicians  and  the 
signatures  must  be  certified  as  genuine  by  an  officer  authorized  to 
administer  oaths,  before  whom  the  physicians  must  make  an  affi- 
davit as  to  the  truthfulness  of  the  facts.  In  all  cases,  the  certificate 
and  other  papers  must  be  accompanied  by  an  order  of  admission, 
signed  by  one  or  more  of  the  trustees  of  said  hospital.  Commit- 
ments to  the  hospital  made  by  the  chancellor,  or  any  court  of 
state,  as  provided  by  law,  are  exempt  from  the  above  provisions. 

The  state  board  of  trustees  of  the  state  hospital  are  required  to 
appoint  two  physicians,  of  different  schools  of  medicine,  residing  in  Revised  cod 
the  city  of  Wilmington,  for  a  term  of  three  years.  No  person  may 
be  admitted  to  the  state  hospital  upon  the  certificate  of  any  physician 
living  in  the  city  of  Wilmington,  unless  it  is  signed  by  at  least  one 
of  the  physicians  appointed  by  the  state  board  of  trustees.  Other- 


DELAWARE 


40 


Application 

for  trial. 

2603. 


Jury  trial. 


2600. 


2602. 


2603. 


2601. 


wise,  the  admission  of  patients  to  the  statfe  hospital  is  in  con- 
formity with  the  preceding  paragraph. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     A  person  committed  to  the  state 
hospital  or  any  person  related  to  the  person  committed  within 
the  third  degree  of  consanguinity  or  any  other  three  persons  may 
present  a  sworn  petition  to  the  chancellor  at  any  time  stating  that 
they  believe  him  to  be  sane  and  asking  for  a  writ  to  the  sheriff  of  the 
county  to  determine  whether  he  is  a  sane  or  an  insane  person.     The 
chancellor  must  then  issue  a  writ  de  lunatico  inquerendo  to  the 
sheriff,  commanding  him  within  five  days  after  the  service  to  sum- 
mon a  jury  to  determine  the  case,  and  return  the  findings  by  the  jury 
to  the  chancellor  within  two  days.     If  the  jury  finds  the  person  sane, 
the  sheriff  must  send  an  order  to  the  superintendent  of  the  hospital 
for  the  release  of  the  person. 

e.  Cost  of  commitment.     The  expenses  of  the  examination  of  an 
indigent  insane  person  and  of  his  removal  to  the  state  hospital  must 
be  paid  by  the  county  of  which  he  is  a  resident. 

4.  CONVEYING  PATIENTS   TO   THE  HOSPITAL 

5.  TRANSFER   OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE   OF  PATIENTS 

The  superintendent  has  authority  to  discharge  an  indigent 
patient  who  has  recovered  or  who  no  longer  needs  residence  in  the 
hospital,  provided  he  notifies  the  trustees  of  the  popr  of  the 
county  from  which  the  person  was  committed  of  his  intention. 

Without  regard  to  the  length  of  time  a  person  has  been  com- 
mitted, a  patient  may  be  discharged  as  provided  under  3.  d., 
"Appeal  from  commitment." 

7.  COST   OF  MAINTENANCE 

Indigent  insane  are  supported  at  the  cost  of  the  state.  When  an 
insane  .person  is  able  to  support  himself,  the  state  board  of  trustees 
has  authority  to  collect  the  necessary  money  out  of  his  property, 
after  reasonable  provision  is  made  for  the  maintenance  and  education 
of  his  family.  The  expense  of  caring  for  a  criminal  insane  person 
is  paid  by  the  trustees  of  the  poor  of  the  county  of  his  residence  or 
in  which  the  criminal  act  was  committed. 

The  board  of  trustees  may  make  contracts  in  relation  to  the 
board  and  maintenance,  care  and  custody  of  any  insane  resident 
of  the  state,  and  may  recover  from  the  person  contracted  with, 
or  from  the  patient  himself,  the  compensation  agreed  upon,  or  a 
reasonable  compensation. 


,  41  DELAWARE 

8.  CRIMINAL   INSANE 

If,  at  the  trial  of  a  person  on  an  indictment,  the  defense  of  in-  ^rjfief person 
sanity  is  established  to  the  satisfaction  of  the  jury,  it  must  return  a  SSStment. 
verdict  of  "not  guilty  by  reason  of  insanity."     The  court  may  there-    26°6* 
upon  order  the  person  committed  to  the  state  hospital.     The  ex- 
penses of  the  removal  of  such  insane  person,  and  of  his  support  at 
the  hospital  or  institution,  must  be  paid  by  the  trustees  of  the  poor 
of  the  county  where  the  act  charged  was  committed,  or  of  the  county 
of  the  insane  person's  residence.     The  court  of  general  sessions 
may  order  an  insane  person,  acquitted  as  above,  set  at  large  if  satis- 
fied that  the  public  safety  will  not  be  endangered,  or  may  order  his 
removal  from  any  hospital  to  the  almshouse  of  the  county  where 
he  resided  at  the  time  of  the  commission  of  the  act  charged,  or 
county  where  the  act  was  committed. 

If  in  a  capital  case  the  prisoner  becomes  insane  after  conviction 
and  before  sentence,  the  court  has  power  to  appoint  a  commission,  26°7- 
two  at  least  of  whom  shall  be  practicing  physicians,  to  inquire  into 
the  mental  condition  of  the  prisoner  and  make  a  report  to  the  court. 
If  the  commission  find  the  prisoner  insane,  he  must  be  remanded 
to  the  custody  of  the  sheriff  until  the  further  order  of  the  court. 
Should  he  recover  his  reason  after  such  remand,  he  must  receive  the 
sentence  appointed  for  his  crime.  Whether  the  prisoner  has  re- 
covered his  reason  may  be  established  to  the  court  by  any  evidence 
it  may  choose  to  consider  for  that  purpose,  and  need  not  be  by 
commission. 


42 


Board  of 
visitors. 
Code. 
4840. 


4842. 


Superintend- 
«nt. 
4839. 


4838. 


4843- 


DISTRICT   OF   COLUMBIA 

Authorities : 

Revised  Statutes  of  the  United  States 

Code  of  Laws  for  the  District  of  Columbia,  1911 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  board  of  charities  of  the  district  of  Columbia 
has  power,  under  the  order  of  the  district  commissioners,  to  in- 
vestigate and  report  upon  the  government  hospital  for  the  insane  in 
common  with  other  charitable  institutions  of  the  district. 

b.  Institutional.     Nine  citizens  of  the  district,  appointed  by  the 
President,  constitute  the  board  of  visitors  of  the  hospital.     The 
board  of  visitors,  whose   members   serve  without   compensation, 
may,  subject  to  the  approval  of  the  secretary  of  the  interior,  make 
any  needful  by-laws  concerning  the  superintendent,  his  employees, 
and  the  patients.     The  board  is  required  to  visit  the  hospital  at 
stated  periods,  exercises  a  careful  supervision  over  its  expenditures, 
and  makes  an  annual  report  to  the  secretary  of  the  interior. 

The  superintendent  of  the  hospital  is  appointed  by  the  secretary 
of  the  interior. 

2.  CARE 

a.  In  federal  institutions.     St.  Elizabeth's  Hospital,  Washington 
(Anacostia);  established  1855;  3,000  beds. 

b.  In  local  institutions.     There  are  no  institutions  for  the  insane 
maintained  by  the  district.     The  Washington  asylum  hospital  has 
a  psychopathic  ward. 

3.  COMMITMENT 
a.  Persons  committed. 

1.  Insane  persons  belonging  to  the  army,  navy,  marine  corps, 
and  revenue-cutter  service; 

2.  Civilians  employed  in  the  quartermaster's  pay  and  subsistence 
department  of  the  army; 

3.  Men  who  while  in  the  service  of  the  United  States  in  the  army, 
navy  or  marine  corps,  have  been  admitted  to  the  hospital  and 
subsequently  discharged,  but  who  within  three  years  after  such 
discharge  become  insane  from  causes  existing  at  the  time  of  such 
discharge,  and  have  no  adequate  means  of  support; 

4.  Indigent  persons  who  have  been  in  either  of  the  services 
mentioned   and   discharged    therefrom    on   account   of   disability 
arising  from  insanity; 

5.  Indigent  persons  who  become  insane  within  three  years  after 
their  discharge  from  such  service  from  causes  which  arose  during 
and  were  produced  by  the  service; 


43  DISTRICT    OF    COLUMBIA 

6.  Inmates  of  the  national  soldiers'  home;  32  Rev.  stat., 

7.  All  persons  who  having  been  charged  with  offenses  against  the    4852. 
United  States  are  in  the  custody  of  its  officers,  and  all  persons  who 
shall  have  been  convicted  of  any  offense  in  any  court  in  the  district 
.and  imprisoned  in  any  state  prison  or  penitentiary,  and  who  during 
their  term  of  imprisonment  have  become  insane; 

8.  Insane  criminals  and  persons  charged  with  crime  in  the  courts    4851. 
of  the  district; 

9.  Indigent  insane  who  are  residents  of  the  district  (non-residents    4844- 
of  the  same  class  are  admitted  only  for  temporary  care) ; 

10.  Beneficiaries  of  the  United  States  public  health  service; 

11.  Private  pay  patients  from  the  district  who  may  be  received    4853. 
at  the  hospital  whenever  there  are  vacancies. 

b.  Legal  procedure  in  commitment.  Proceedings  are  instituted  gJJ0?-^ 
upon  petition  of  the  commissioners  of  the  district  to  determine  the 
mental  condition  of  alleged  indigent  insane  residents  of  the  district 
and  persons  alleged  to  be  insane  with  homicidal  or  otherwise  dan- 
gerous tendencies.  All  writs  de  lunatico  inquirendo  issue  from  the 
•equity  court,  and  the  justice  holding  such  court  presides  at  all 
inquisitions  of  lunacy,  and  when  necessary  may  call  a  jury  from 
either  the  circuit  or  the  criminal  court,  or  may  summon  a  special 
jury  for  such  inquisitions. 

An  insane  person  within  the  district  may  be  apprehended  and  j^6*61^"11 
restrained  without  warrant  by  any  member  of  the  metropolitan  33  stat.,  316. 
police  or  any  other  official  in  the  district  authorized  to  make  arrests. 
He  must  at  once  file  an  affidavit  with  the  superintendent  of  the 
metropolitan  police  that  he  believes  the  person  in  question  to  be 
insane,  incapable  of  taking  care  of  himself  and  his  property,  and 
dangerous  to  the  public.     Some  near  relative  or  friend  of  the  person 
in  the  district  must  immediately  be  notified. 

The  superintendent  of  the  metropolitan  police  is  authorized  to  2> 
order  the  apprehension  and  detention  without  warrant  of  any 
indigent  person  alleged  to  be  insane  or  who  has  homicidal  or  dan- 
gerous tendencies  and  found  elsewhere  than  in  public  places,  upon 
the  affidavits  of  two  or  more  responsible  residents,  which  must  state 
that  they  believe  the  person  to  be  insane,  the  length  of  time  they 
have  known  him,  and  that  they  believe  him  to  be  incapable  of 
managing  his  own  affairs  and  dangerous  to  the  public,  if  allowed  to 
go  at  liberty.  But  before  the  apprehension 'is  ordered,  the  super- Eraminati011- 
intendent  of  the  metropolitan  police  must  require  the  certificate  of 
at  least  two  physicians  who  shall  certify  that  they  have  examined 
the  person  alleged  to  be  insane  and  that  he  should  not  be  allowed 
to  remain  at  liberty,  and  that  he  is  a  fit  subject  for  treatment. 


DISTRICT    OF    COLUMBIA 


44 


Appointment 
of  guardian. 
Code, 
lisa. 


tiSb. 


The  commissioners  of  the  district  are  authorized  to  place  in  the 
government  hospital  for  the  insane  for  a  period  not  exceeding  thirty 
days*,  indigent  persons  alleged  to  be  insane  residents  of  or  found 
within  the  district,  and  alleged  insane  persons  of  homicidal  or  other- 
wise dangerous  tendencies  apprehended  and  restrained  as  provided 
above,  pending  their  formal  commitment  to  the  hospital  or  their 
transportation  to  their  homes  when  their  places  of  residence  are 
ascertained.  The  commissioners  may,  pending  their  temporary  com- 
mitment or  formal  commitment  to  the  government  or  to  any  other 
hospital  for  the  insane,  authorize  the  temporary  commitment  of  the 
above  named  insane  persons  for  a  period  not  exceeding  thirty  days 
to  any  other  hospital  in  the  district,  which  in  the  judgment  of  the 
health  officer  of  the  district  is  properly  equipped  for  the  care  of  suck 
persons.  Such  a  person  may  be  detained  in  any  police  station  or 
house  of  detention  pending  arrangements  for  his  temporary  deten- 
tion in  the  government  hospital  or  other  institution;  or  they  may 
be  detained  there  until  formally  committed,  in  case  no  other  provi- 
sions are  feasible. 

No  certificate  as  to  the  sanity  or  insanity  of  any  person  is  valid  if 
made  by  a  physician  who  has  not  been  regularly  licensed  to  practice 
medicine  in  the  district,  unless  he  be  a  commissioned  surgeon  of  the 
United  States  navy,  army,  or  public  health  service;  or  by  a  physician 
who  is  not  a  permanent  resident  of  the  district;  or  by  a  physician 
who  has  not  been  actually  engaged  in  the  practice  of  his  profession 
for  at  least  three  years;  or  by  a  physician  who  is  related  by  blood  or 
marriage  to  the  person  whose  mental  condition  is  in  question;  or  if 
made  by  a  physician  who  is  financially  interested  in  the  hospital 
in  which  the  alleged  insane  person  is  to  be  confined,  or  who  is 
officially  connected  with  it.  The  penalty  of  a  fine  of  not  more  than 
$500,  or  imprisonment  for  not  more  than  three  years,  or  both,  is 
provided  for  making  an  affidavit  without  proper  cause  for  the 
purpose  of  securing  the  detention  or  restraint  of  any  person  in  the 
district  or  for  knowingly  making  a  false  certificate. 

In  case  any  person  adjudged  to  be  of  unsound  mind  has  property, 
real  or  personal,  the  equity  court  has  full  power  to  appoint  a  com- 
mittee or  trustee  of  the  person  and  of  his  estate,  who  must  reimburse 
the  district  out  of  the  funds  of  the  person  for  all  costs  expended  or 
incurred  by  it,  both  before  and  after  the  time  of  such  appoint- 
ment. 

The  equity  court  has  full  power  to  superintend  and  direct  the 
affairs  of  persons  non  compos  mentis,  and  to  appoint  a  committee 
or  trustees  for  such  persons  after  hearing  their  nearest  relatives,  if 
residing  within  the  jurisdiction  of  the  court,  and  to  make  such  orders 
for  the  care  of  their  persons  and  the  management  and  preservation 


45  DISTRICT    OF    COLUMBIA 

of  their  estates,  including  the  collection,  sale,  exchange,  and  rein- 
vestment of  their  personal  estate,  as  to  the  court  may  seem  proper. 

The  commissioners  of  the  district  must,  as  soon  as  practicable,  Jfgg^  *^; 
return  to  their  places  of  residence  or  to  their  friends  all  indigent 
insane  persons  not  residing  in  the  district  at  the  time  they  became 
insane  who  are  detained  in  the  government  hospital  for  the  insane, 
or  who  are  committed  to  it  temporarily.  All  necessary  expenses 
incurred  by  the  commissioners  in  ascertaining  the  residence  of  such 
persons  or  of  their  friends,  and  in  returning  them,  are  paid  by  the 
district. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     Any  person  restrained  of  his  law-  ^>eeaIsI™rpus> 
ful  liberty  within  the  district,  under  any  pretence  whatever,  or  any 

person  in  his  behalf,  may  apply  by  petition  to  the  circuit  court  of  the 
district  for  a  writ  of  habeas  corpus,  to  have,  the  cause  of  the  restraint 
inquired  into. 

e.  Cost  of  commitment.     All  expenses  incurred  by  the  commit-    l878- 
ment  of  an  insane  person  are  chargeable  to  the  district  unless  the    4848. 
person  has  &n  estate,  in  which  case  he  is  liable  for  them. 

4.  CONVEYING   PATIENTS   TO   THE   HOSPITAL 

5.  TRANSFER   OF  PATIENTS 
6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

Authority  to  discharge  patients  is  vested  in  the  superintendent.  jj™  JJJJglJ!? 
When  a  patient  committed  to  the  government  hospital  for  the  in- undent, 
sane,  or  any  other  institution,  recovers  his  reason  and  is  discharged 
as  cured,  the  superintendent  of  the  government  hospital  for  the 
insane,  or  the  official  in  charge  of  any  such  other  institution  where 
such  person  has  been  under  treatment,  must  immediately  file  with 
the  clerk  of  the  supreme  court  of  the  district  his  sworn  statement 
that  the  person,  in  his  opinion,  was  at  the  time  of  his  discharge  of 
sound  mind,  and  this  statement  shall  be  sufficient  to  authorize  the 
court  to  pass  an  order  declaring  the  person  restored  to  his  former 
legal  status  as  a  person  of  sound  mind. 

If  the  superintendent  of  the  government  hospital  for  the  insane,  in  g^2Sby 
the  case  of  commitment  to  it,  or  if  two  or  more  physicians  in  regular  policemen,' or 
attendance  at  any  other  hospital  to  which  a  person  has  been  com- 
mitted for  temporary  care,  or  if  two  or  more  persons  in  the  police  or 
fire  departments  when  a  person  is  detained  at  the  police  station, 
certify  in  writing  to  the  physicians  of  the  hospitals  in  the  district,  » 

that  the  person  is  not  insane  or  has  recovered  his  reason,  the  officials 
in  question  must  at  once  discharge  the  alleged  insane  person  and 
report  their  action  to  the  commissioners  of  the  district. 


DISTRICT    OF    COLUMBIA 


46 


^dstgaetn,tS395- 


Persons  ac- 
quitted. 
Code,  927. 


Persons 
convicted. 


7.  COST   OF   MAINTENANCE 

One-half  of  the  cost  of  support  in  the  hospital  of  indigent  insane 
from  the  district  is  paid  out  of  the  revenues  of  the  district  and 
the  other  half  from  the  treasury  of  the  United  States.  Patients 
from  the  army,  navy,  marine  corps,  etc.,  are  supported  wholly  at 
federal  expense. 

AcTo1nid9iTts'  The  district  Payg  to  the  federal  hospital  the  entire  cost  of  all  dis- 
trict non-indigent  civilian  patients,  and  then  seeks  reimbursement  in 
whole  or  in  part  from  their  personal  estate  or  from  the  immediate 
family  or  friends  of  the  patient. 

8.  CRIMINAL   INSANE 

When  a  person  tried  upon  an  indictment  or  information  is  ac- 
quitted on  the  sole  ground  that  he  was  insane  at  the  time  of  the 
offense,  the  jury  must  so  state  in  their  verdict.  When  a  person  i& 
indicted  or  charged  by  an  information  for  an  offense,  and  before  trial 
or  after  a  verdict  of  guilty,  prima  facie  evidence  is  submitted  that 
the  accused  is  insane,  the  court  may  summon  a  jury  to  make  inquiry 
into  the  insanity  of  the  accused  in  the  presence  and  under  the  direc- 
tion of  the  court.  If  the  jury  finds  the  accused  insane,  or  if  he  is  ac- 
quitted solely  on  the  ground  of  insanity,  the  court  may  certify  the 
fact  to  the  secertary  of  the  interior,  who  may  order  him  confined  in 
the  hospital  for  the  insane,  the  person  and  his  estate  being  charge- 
able with  his  support  in  the  hospital.  The  person  whose  sanity  is  in 
question  is  entitled  to  a  bill  of  exceptions  and  an  appeal  as  in  other 
cases. 

Any  person  becoming  insane  while  undergoing  sentence  of  any 
court  of  the  district  for  crime  may  be  committed  to  the  hospital  for 
the  insane,  by  order  of  the  secretary  of  the  interior,  to  receive  the 
same  treatment  as  other  patients  during  the  continuance  of  his 
disorder. 

When  a  person  confined  in  the  hospital  for  the  insane,  who  is 
charged  with  crime  and  subject  to  be  tried  or  undergo  sentence, 
is  restored  to  sanity,  the  superintendent  of  the  hospital  must  give 
notice  to  the  justice  holding  the  criminal  court  and  deliver  him  to  the 
court. 


Insane 

convicts. 

928. 


Restoration. 
939- 


47 


FLORIDA 

Authorities: 

Constitution  of  the  State  of  Florida 
Compiled  Laws  of  Florida,  1914 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  board  of  commissioners  of  state  institutions, 
consisting  of  the  governor  and  the  six  administrative  officers  of  the  j^/tlt 
executive  department,  all  elected  by  the  people  every  four  years, 

has  complete  control  and  management  of  the  state  hospital  forLaws"led 
the  insane,  state  penal  institution,  reform  schools  for  boys  and  for    Il88> 
girls,  blind,  deaf  and  dumb  institute,  and  supervises  the  county 
chain  gangs.     A  secretary  is  appointed  by  the  board  but  he  is  not  a 
member  of  it. 

The    board    employs    the    superintendent,    physicians,    medical  superintend- 
attendants  and  other  persons  necessary  for  the  proper  management    II89' 
and  care  of  the  insane,  and  of  the  hospital  and  the  properties  belong- 
ing to  it;  it  prescribes  the  powers  and  duties  of  the  superintendent    II$)0- 
and  of  all  the  other  employees,  and  requires  of  the  superintendent  a 
bond  with  sureties. 

There  is  a  state  board  of  control,  but  it  has  no  jurisdiction  over  the 
state  insane  hospital,  its  supervision  being  only  over  the  state 
educational  institutions. 

b.  Institutional.     There  are  no  local  boards  of  trustees. 

2.  CARE 

a.  In  state  institutions. 

Florida  Hospital  for  the  Insane,  Chattahoochee;  established,  1877; 
1,500  beds.  There  are  separate  accommodations  for  white 
and  negro  patients. 

b.  In  local  institutions.     Incurable,  harmless,  and  indigent  in- 
sane may  be  cared  for  in  almshouses  by  the  county  commissioners, 
who  are  the  overseers  of  the  poor.     The  law  provides  that  all 
indigent  insane  persons  not  requiring  mechanical  restraint  shall  be    1203. 
cared  for  as  paupers  by  the  counties,  or  the  judge  may  commit 
them  to  any  responsible  person  who  offers  to  give  them  care  and 
custody,   without  expense  to  the  state  or  county;   nevertheless, 
practically  all  classes  are  sent  to  the  state  hospital. 

3.  COMMITMENT 

a.  Persons   committed.     The  destitute  insane   other  than   theDestitute 
incurable  and  harmless  are  cared  for  and  treated  at  the  state  hospital    "»5. 
for  the  insane.     But  the  judge  may  in  his  discretion  direct  the  insane 


LORIDA  48 

person  to  be  delivered  to  any  other  person  for  his  care,  custody  and 
maintenance. 

1196.  The  superintendent  of  the  state  hospital,  when  directed  by  the 

board  of  commissioners  of  state  institutions,  may  receive  any  lunatic, 
idiot  or  insane  person  whose  friends,  parents  or  guardians  are  able 

1198.  and  willing  to  pay  for  his  care,  custody  and  maintenance.     In  all 

such  cases,  the  board  of  commissioners  of  state  institutions  prescribes 
the  amount  to  be  paid. 

etition.  b.  Legal  procedure  in  commitment.    When  a  resident  of  the  state 

is  supposed  to  be  insane,  either  non  compos  mentis  or  sufficiently 
devoid  of  reason  to  be  incapable  of  self-control,  a  petition  signed  by 
five  reputable  citizens,  not  more  than  one  of  whom  may  be  a  relative 
of  the  person,  stating  their  belief  that  he  is  insane,  and  asking  that  a 
legal  examination  be  made,  may  be  presented  to  the  county  judge  or 

ramming       judge  of  the  circuit  court  having  jurisdiction.     The  county  judge  or 

1201.  '  judge  of  the  circuit  court  to  whom  the  petition  is  submitted  must 
without  unnecessary  delay  appoint  as  an  examining  committee  one 
intelligent  citizen,  who  is  not  a  petitioner  in  the  case,  and  two 
practicing  physicians  of  good  professional  standing  who  are  gradu- 
ates of  a  school  of  medicine  recognized  by  the  American  Medical 
Association,  when  such  physicians  reside  in  the  county.  This  com- 
mittee must  secure  the  presence  of  the  supposed  insane  person,  and 
make  a  thorough  examination  to  ascertain  his  mental  and  physical 
condition,  and  if  considered  insane,  whether  the  insanity  is  acute  or 
chronic,  its  apparent  cause,  the  hallucination,  if  any,  and  the  age  and 
propensities  of  the  subject,  also  whether  he  is  indigent  or  possessing 
available  means  for  his  support.  If  the  person  alleged  to  be  insane 
any  time  prior  to  the  rendering  of  the  decree  in  the  case,  applies  to 
the  court  for  permission  to  contest  the  charge  of  insanity,  the  court 
must  appoint  a  hearing.  If  the  accused  is  indigent  and  unable  to 
procure  the  attendance  of  witnesses  in  his  behalf,  the  court  must 
summon  a  reasonable  number  of  witnesses  for  him  at  the  expense  of 
the  county. 

'pjoa'  The  examining  committee  must  report  its  findings  to  the  county 

judge  or  judge  of  the  circuit  -court,  and  furnish  the  information  called 
for  in  the  preceding  section,  each  of  the  three  committeemen  signing 
the  report. 

*nmhment.  Qn  receiving  the  report  of  the  examining  committee,  the  county 
judge  or  judge  of  the  circuit  court,  if  satisfied  that  the  person  is  in- 
sane, must  order  the  sheriff  of  the  county  from  which  the  report  is 
submitted  to  deliver  at  once 'the  person  adjudged  insane  to  the 
superintendent  of  the  hospital  for  indigent  insane.  The  order  of 
commitment  must  include  a  copy  of  the  information  and  report  by 


49  FLORIDA 

the  committee  and  be  transmitted  by  the  sheriff  to  the  superintend- 
ent of  the  hospital. 

When  the  report  of  the  examining  committee  shows  that  the      "8  for 


alleged  insanity  is  chronic,  or  produced  by  epilepsy  or  senility,  and  ms*™- 
that  the  person  does  not  require  confinement  or  mechanical  restraint 
to  prevent  self-injury  or  violence  to  others,  but  that  he  is  indigent, 
the  judge  must  find  him  incurably  insane,  harmless  and  indigent, 
and  order  the  sheriff  to  deliver  him  to  the  county  commissioners  of 
the  county  where  he  resides  for  care  and  maintenance  as  by  law 
provided  for  paupers.  But  if  any  responsible  person  will  offer  to 
assume  the  care  and  custody  of  any  such  harmless  person  without 
cost  to  the  state  or  county,  the  judge  or  court  may  in  his  discretion 
so  order. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     Any  person  detained  in  custod 
may,  by  himself  or  by  some  other  person,   prosecute  a  writ   of 
habeas  corpus. 

e.  Cost  of  commitment.     All  costs  of  commitment  are  paid  by 
the  county  unless  the  patient  has  sufficient  estate,  in  which  case  he 
is  liable. 

4.  CONVEYING   PATIENTS   TO   THE   HOSPITAL 

The  superintendent  of  the  hospital  must  send  a  nurse  or  some    Ilos. 
suitable  person  to  transport  a  committed  patient  to  the  hospital. 

5.  TRANSFER   OF   PATIENTS 
6.  PAROLE   AND   DISCHARGE   OF   PATIENTS 

Patients  regarded  as  sufficiently  harmless  may  be  sent  home  on  Parole. 
furlough  by  the  superintendent  of  the  state  hospital,  provided  that 
relatives  or  other  persons  are  willing  to  sign  an  agreement  guarantee- 
ing transportation,  maintenance  and  medical  care  at  home,  and,  if 
further  hospital  treatment  should  be  necessary,  the  return  of  the 
patient  to  the  hospital  without  expense  to  the  state  or  county. 

Nonresident  patients  are  formally  discharged  by  the  superintend-  Discharge. 
ent  and  returned  to  their  state  of  residence,  accompanied  by  an  at- 
tendant, the  board  of  commissioners  authorizing  the  return  at  the 
expense  of  the  state. 

Patients  deemed  ready  for  discharge  are  examined  by  the  super- 
intendent and  staff  of  the  hospital.  When  discharged,  an  indigent 
patient  is  given  transportation  to  the  place  from  which  he  was  com- 
mitted, or  to  an  equivalent  distance  elsewhere;  pay  patients  are  not 
given  return  transportation. 

7.  COST   OF   MAINTENANCE 

The  destitute  insane  are  maintained  at  the  expense  of  the  state.        "9s- 


FLORIDA 


50 


Persons 
acquitted  of 
crime. 
3992. 


convicts 

4134- 


8.  CRIMINAL  INSANE 

When  a  person  tried  for  an  offense  is  acquitted  by  the  jury  on 
account  of  insanity,  the  jury,  in  giving  their  verdict  of  not  guilty, 
shall  state  that  it  was  given  for  such  cause,  and,  if  the  discharge  or 
going  at  large  of  such  insane  person  is  considered  by  the  court  man- 
ifestly dangerous,  it  musirorder  him  to  be  committed  to  jail  or  other- 
wise to  be  cared  for  as  an  insane  person,  or  may  give  him  into  the 
care  of  his  friends,  on  their  giving  satisfactory  security  for  his  proper 
care  and  protection;  otherwise,  he  shall  be  discharged. 

The  prison  physician  directs  the  removal  of  insane  convicts  to  the 
prison  hospital  when  it  can  be  done  without  danger  or  detriment  to 
the  other  inmates  of  the  prison. 


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51 

GEORGIA 

Authority : 

Park's  Annotated  Code  of  Georgia,  1914 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     There  is  no  state  board  in  Georgia  having  general 
supervision  or  control  of  charitable  institutions. 

b.  Institutional.     The  state  hospital  for  the  insane  (State  Sanita-  g£setees- 
rium)  is  under  the  management  of  ten  trustees,  appointed  biennially    T57i- 
by  the  governor.     They  receive  salaries  not  to  exceed  $150  per 
annum.     The  trustees  have  authority  to  prescribe  all  rules  and 
regulations  for  the  management  of  the  institution,  to  appoint  a    is?a. 
superintendent,  who  must  be  a  skillful  physician,  and  all  the  officers,    JS73. 
to  fix  their  salaries,  and  to  remove  any  officer  for  proper  cause. 

The  trustees  prescribe  rules  and  regulations  also  in  regard  to  the    TS74. 
admission  arid  discharge  of  insane,  epileptics,  idiots,  and  demented 
inebriates. 

A  department  for  insane  convicts  is  to  be  established  on  the  so- 
called  "State  Farm"  at  Milledgeville,  under  the  control  and  manage- 
ment of  the  prison  commission,  but  no  appropriation  has  been  made. 

2.  CARE 

a.  In  state  institutions. 

Georgia  State  Sanitarium,  Milledgeville;  established  1842;   3,800 

beds. 

The  statutes  require  white  and  negro  patients  to  be  cared  for  in 
separate  departments;  likewise,  residents,  nonresidents,  and  con- 
victs. 

b.  In  local  institutions.     Harmless  incurable  insane  may  be  cared    w8. 
for  in  the  county  poorhouses  or  otherwise  taken  care  of  by  the  county 
authorities.     The  poor  farms  are  under  the  management  of  the  or- 
dinary of  each  county,  who  may  appoint  a  commissioner  of  the 
poor. 

3.   COMMITMENT 

a.  Persons  committed.    All  resident  citizens  of  the  state  who 
are  insane,  idiots,  epileptics  or  demented  inebriates  may  be  ad-  R^ents. 
mitted,  but  the  superintendent  may  refuse  all  harmless  idiots  and    TS97- 
other  harmless  subjects  that  do  not  actually  require  treatment  so    XS99- 
long  as  there  are  any  recent  and  dangerous  cases  unprovided  for. 
Nonresident  pay  patients  may  be  received,  but  citizens  of  Georgia  Nonresidents, 
have  the  preference  when  all  can  not  be  accommodated  and  are 
treated  free;  no  nonresident  patients  have  been  admitted  for  nearly 
fifty  years. 


GEORGIA 


52 


Trial  by  jury. 


Pay  patients. 

1601. 


1603- 


1609. 


Insane  negroes. 
1611. 


ition 
as  to  need  of 
guardian. 
3092. 


Commitment 
by  guardian. 
3100. 


Commitment 
by  court. 
3101. 


b.  Legal  procedure  in  commitment.  The  various  laws  concerning 
commitment  have  been  so  construed  that  in  practice  no  patient, 
white  or  negro,  is  admitted  to  the  state  hospital  without  trial  by 
jury. 

A  pay  patient,  restrained  in  the  state,  may  not  be  admitted  unless 
accompanied  by  authentic  evidence  of  insanity,  or  a  certificate  of 
three  reputable  practicing  physicians,  well  acquainted  with  his 
condition,  or  from  one  such  physician  and  two  respectable  citizens. 
A  pay  patient,  not  a  resident  of  the  state,  may  not  be  admitted 
unless  producing  an  authentic  record  of  a  conviction  by  a  competent 
court  of  a  malady  which,  according  to  the  law  of  the  state,  is  a 
ground  of  admission,  or  a  certificate  of  physicians  endorsed  by  the 
judge  having  jurisdiction.  Before  or  after  admission  of  a  pay 
patient,  resident  or  nonresident,  by  certificate,  the  person  alleged 
to  be  insane,  or  his  friend  or  relative,  may  demand  a  trial  of  the 
question  of  insanity  by  jury,  which  must  be  had  in  the  county  of 
Baldwin.  In  practice,  no  patients  have  been  required  to  pay  for 
their  maintenance  for  nearly  fifty  years. 

The  certificate  of  the  ordinary  of  the  county  where  an  insane 
negro  resides,  of  his  condition,  mental  and  pecuniary,  is  sufficient  to 
grant  his  admission  to  the  hospital. 

On  the  sworn  petition  of  any  person  that  another  is  liable  to  have 
a  guardian  appointed  (or  is  subject  to  be  committed  to  the  state 
sanitarium),  the  ordinary  after  notice  has  been  given  to  the  three 
nearest  adult  relatives  of  such  person  must  issue  a  commission 
directed  to  any  eighteen  discreet  and  proper  persons,  one  of  whom 
shall  be  a  physician,  requiring  any  twelve  of  them,  including  the 
physician,  to  examine  the  person  for  whom  guardianship  (or  com- 
mitment to  the  sanitarium)  is  sought.  But  in  all  insanity  cases  the 
number  of  jurors  is  six,  one  of  whom  must  be  a  physician,  unless 
twelve  are  demanded  by  the  person  tried,  or  by  his  relatives  or 
friends.  The  commission  must  find  whether  the  person  is  to  have 
a  guardian  appointed  or  to  be  committed  to  the  state  sanitarium, 
and  make  return  to  the  ordinary,  who  must  act  accordingly. 

Guardians  of  insane  persons  may  place  them  in  the  Georgia 
State  Sanitarium,  if  such  a  course  is  necessary  for  their  own  protec- 
tion or  the  safety  of  others,  and  a  guardian  wilfully  failing  to  take 
this  precaution  is  responsible  for  injuries  inflicted  on  others  by  his 
ward. 

When  there  is  no  guardian  for  an  insane  person,  or  the  guardian 
refuses  or  fails  to  confine  his  ward,  and  any  person  makes  oath  that 
the  insane  person  should  not  longer  be  left  at  large,  the  ordinary  or 
the  judge  of  the  superior  court  must  issue  a  warrant  as  in  criminal 
cases  for  the  arrest  of  the  insane  person  and  after  an  investigation  of 


53  GEORGIA 

the  facts  may  commit  him  to  the  state  sanitarium,  and  may  have  him 
committed  to  jail  until  he  can  be  removed  to  the  sanitarium. 

A  patient  who  is  absent  for  as  long  as  three  months,  either  by  Recommitment, 
discharge,  elopement,  or  removal  by  friends,  can  not  be  received  at 
the  sanitarium  without  going  through  the  process  required  by  law. 

c.  Voluntary  admission.     When  an  application  for  admission  is    l612- 
unattended  by  the  requisite  evidences,  the  superintendent  of  the 
sanitarium  may  receive  and  provide  for  the  person  for  a  reasonable 
time,  provided  a  sufficient  sum  is  advanced  for  his  maintenance. 
The  trustees  of  the  hospital  require,  however,  that  no  patient  shall  be 
admitted  unless  all  legal  requirements  have  been  complied  with. 

d.  Appeal  from  commitment.     A  trial  by  jury  may  be  had  by  all  Trj^ jury- 
patients  who  have  been  convicted  of  insanity,  if  a  relative  or  friend 

will  make  an  affidavit  that  he  believes  the  alleged  cause  of  commit- 
ment did  not  and  does  not  exist,  and  that  the  conviction  was  ob- 
tained by  fraud,  collusion  or  mistake.  The  same  right  exists,  when 
there  is  an  affidavit  that  the  cause  of  commitment  has  ceased  to 
exist,  and  there  is  a  refusal  by  the  superintendent  to  discharge  after 
demand  made. 

e.  Cost  of  commitment.     The  expense  of  a  commission  in  insanity 
must  be  paid  out  of  the  estate  of  the  insane  person;  and  if  he  has 
none,  out  of  the  county  funds.     The  cost  of  conveying  a  person  to    3°94- 
the  state  sanitarium  is  paid  in  the  same  manner. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

5.  TRANSFER   OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

Upon  recovery,  patients  must  be  discharged  by  the  superintend-    1574> 
ent  under  rules  prescribed  by  the  trustees. 

Upon  the  certificate  of  the  medical  officer  of  the  institution,  the    I578- 
trustees  may  discharge  or  remand  to  the  authorities  of  the  county 
from  which  he  was  sent  a  patient  whose  condition  is  such  that  no 
probability  exists  of  his  full  recovery,  and  who  at  the  time  is  regarded 
as  harmless. 

7.  COST  OF  MAINTENANCE 

The  state  sanitarium  is  free  to  all  resident  citizens  of  the  state    I^6- 
who  are  insane,  idiots,  or  epileptics.     If  the  family  or  friends  desire 
to  furnish  extra  or  additional  food  or  other  comforts,  they  may  do  so 
.  under  regulations  prescribed  by  the  trustees. 

8.  CRIMINAL  INSANE 

When  a  person  has  been  guilty  of  a  capital  crime  and  acquitted  on 
the  ground  of  insanity  and  is  committed  to  the  sanitarium,  he  must 
not  be  discharged  except  by  special  act  of  the  legislature.  If  the 


GEORGIA  54 

crime  is  not  capital,  he  may  be  discharged  by  warrant  or  order  from 
the  governor.  If  sentence  is  suspended  on  the  ground  of  insanity, 
the  superintendent  upon  his  restoration  to  sanity  must  certify  the 
fact  to  the  presiding  judge  of  the  court  where  he  was  convicted, 
insane  convicts.  ^  convict  sentenced  to  the  penitentiary  who  becomes  insane  must 
be  removed  to  and  kept  at  the  prison  farm  during  the  term  for  which 
he  may  have  been  sentenced,  or  until  he  is  cured.  (This  provision 
is  not  yet  operative.) 


55 


IDAHO 

Authorities: 

Revised  Codes  of  Idaho,  1908 
Laws  of  1915 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     There   is   no   state  administrative  or  supervisory 
board  of  charitable  institutions. 

b.  Institutional.     The  state  hospitals  are  under  the  management  Board  ofi 
and  control  of  boards  of  directors,  consisting  of  three  persons,  ap-  Revised  code 
pointed  by  the  governor  for  terms  of  two  years  in  the  case  of  one    752- 
institution,  and  three  years  in  the  case  of  the  other.     Each  board 

elects  a  medical  superintendent  of  the  hospital,  to  hold  office  during 
its  pleasure.  It  appoints  all  officers  and  employees,  prescribes  their 
duties  and  may  remove  them  when  in  its  judgment  the  good  of  the  753- 
public  service  so  requires;  it  makes  regulations  and  fixes  the  terms 
for  the  admission  of  insane  persons  who  are  not  indigent  or  who  are 
not  residents  of  the  state.  The  board  must  visit  the  hospitals  once 
in  three  months.  The  board  is  required  to  make  an  annual  report 
to  the  governor  and  a  biennial  report  to  the  legislature  concerning  all 
matters  that  pertain  to  the  hospital. 

The  medical  superintendent  must  be  a  graduate  in  medicine  and  Superintend- 
must  have  practiced  his  profession  five  years.     With  the  consent  of    737. 
the  board  of  directors,  he  fixes  the  number  and  compensation  of  and    759- 
removes  the  attendants  and  assistants. 

2.  CARE. 

a.  In  state  institutions. 

The  Idaho  Insane  Asylum,  Blackfoot;  established,  1884;  350  beds. 
Northern  Idaho  Sanitarium,  Orofino;  established,  1905;  250  beds. 

b.  In  local  institutions.     The  county  poorhouse  where  such  exists 
may  care  for  insane  persons  placed  therein  by  the  board  of  county 
commissioners. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons  except  idiots,  feeble-    76?- 
minded  and  those  suffering  from  delirium  tremens  or  a  contagious  or    780. 
infectious  disease,  may  be  admitted  to  the  hospitals. 

No  insane  nonresident  may  be  received  into  the  hospitals  unless    ?68- 
he  became  insane  within  the  state,  and  the  indigent  insane  of  the 
state  must  have  the  preference. 

b.  Legal  procedure  in  commitment.     Whenever  it  appears  byAffld*vit- 
affidavit  to  the  satisfaction  of  a  magistrate  of  the  county  that  any 


IDAHO 


56 


Certificate  of 
physician. 
775. 


Order  of 
commitment. 
777- 


Habeas 
corpus. 


781. 


782. 


Inquir 

* 


uiry   by   the 


Agent  of  the 
superintend- 
ent. 
778. 


781. 


person  within  the  county  is  so  far  disordered  in  his  mind  as  to 
endanger  health,  persons  or  property,  he  must  cause  such  person  ta 
be  arrested  and  taken  before  any  judge  of  a  court  of  record  within  the 
county  for  examination.  The  two  or  more  witnesses  best  ac- 
quainted with  such  insane  person  and  at  least  one  graduate  of 
medicine  must  testify  _at  the  examination. 

If  the  physician  after  hearing  the  testimony  and  making  the 
examination  believes  such  person  to  be  dangerously  insane,  he  must 
make  a  certificate  in  the  form  prescribed  by  the  medical  superintend- 
ent of  the  hospital,  showing  that  such  person  is  so  far  disordered  in 
his  mind  as  to  endanger  health,  person  or  property;  the  premonitory 
symptoms,  apparent  cause  or  class  of  insanity,  the  duration  and  con- 
dition of  the  disease,  etc. 

The  judge  after  such  examination  and  certificate,  if  he  believes 
the  person  so  far  disordered  in  his  mind  as  to  endanger  health,  person 
or  property,  must  make  an  order  that  he  be  confined  in  a  state 
hospital. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     Upon  petition  on  behalf  of  any 
person  restrained  of  his  liberty,  the  writ  of  habeas  corpus  may  be 
granted  by  the  circuit  court  or  by  the  district  court. 

e.  Cost  of  commitment.    .The  expenses  of  the  agent,  his  necessary 
assistant,  and  of  the  insane  person  when  transferred  to  the  hospital,, 
are  paid  by  the  hospital. 

The  physician  attending  the  examination  of  an  insane  person  is 
paid  by  the  treasurer  of  the  county  where  the  examination  was  had. 

The  judge  must  inquire  into  the  ability  of  an  insane  person  com- 
mitted by  him  to  the  hospital  to  pay  for  his  transportation  to  the 
hospital,  and  the  expense  of  the  examination,  and  bear  the  actual 
charges  and  expenses  for  the  time  that  such  person  may  remain  in  the 
hospital.  In  case  an  insane  person  committed  to  the  hospital  is 
possessed  of  real  or  personal  property  sufficient  to  pay  such  charges 
and  expenses,  the  judge  must 'appoint  a  guardian  for  him,  who  must 
pay  to  the  board  of  directors  the  sum  fixed  upon  by  them  each  month 
quarterly  in  advance,  for  the  maintenance  and  clothing  of  such  ward. 

4.  CONVEYING   PATIENTS   TO   THE   HOSPITAL 

An  insane  person,  ordered  to  be  committed,  must  be  delivered  to 
the  sheriff  of  the  county  and  by  him  to  the  agent  appointed  by  the 
medical  superintendent  to  convey  the  insane  person  to  the  hospital. 
Upon  receipt  of  notice  from  the  sheriff,  the  medical  superintendent 
must  at  once  designate  some  person  among  the  employees  of  the 
hospital  as  an  agent  to  transport  such  insane  person  to  the  hospital. 
Such  agent  (and  assistant  if  any  be  appointed),  must  at  once  convey 


57  IDAHO 

the  insane  person  to  the  hospital  and  surrender  him  to  the  medical 
superintendent ;  and  the  latter  shall  at  once  notify  the  governor  that 
the  insane  person  has  been  received. 

5.  TRANSFER  OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

The  board  of  directors  may  on  the  recommendation  of  the  super-  Parole. 

»  Laws  of  1915. 

intendent  parole  patients  who  are  not  dangerously  insane.     Any    37- 
person  aggrieved  by  the  granting  of  such  parole  may  appeal  to  the 
district  court  within  thirty  days  and  the  court  may  affirm  or  modify 
the  order. 

Insane  persons  received  in  the  hospital  must  upon  recovery  be  Re^ 
discharged  therefrom.  765. 

7.  COST  OF  MAINTENANCE 

The  expense  of  maintaining  insane  patients  at  the  hospital  is 
borne  by  the  state  unless  the  inmate  has  sufficient  estate  to  pay  it. 

8.  CRIMINAL  INSANE 

Insane  convicts  must  be  received  into  the  state  hospital 
returned  to  the  state  prison  when  cured  in  case  their  sentence  at  the 
time  of  recovery  has  not  expired. 


58 
ILLINOIS 

Authorities : 

Kurd's  Revised  Statutes  of  Illinois,  1915-1916 
Civil  Administrative  Code  of  Illinois,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

^tln^'weifare      a*  General.     The  executive  arid  administrative  supervision  of  all 
cmi  Mde.       state  institutions  for  the  care  of  the  insane  is  exercised  by  the 
S3- '  department  of  public  welfare.     The  department  has  all  the  rights, 

powers,  and  duties  formerly  vested  in  the  board  of  administration, 
state  deportation  agent,  state  agent  for  visitation  of  children,  com- 
missioners and  wardens  of  the  state  penitentiaries  and  reformatories, 
board  of  pardons,  board  of  prison  industries,  and  board  of  classifica- 
tion. 

The  department  is  under  the  control  of  a  director,  who  is  appointed 

*j  by  the  governor.     He  receives  a  salary  of  seven  thousand  dollars  per 

|-  year.     In  addition  to  the  director,  the  governor  appoints  an  as- , 

J|;  sistant  director,  receiving  a  salary  of  $4,000,  and  the  following  execu- 

Ig-  tive  officers,  all  receiving  salaries  of  $5,000:  alienist,  criminologist, 

fiscal  supervisor,   superintendent   of   charities,   superintendent   of 

prisons,  and  superintendent  of  pardons  and  paroles.     All  officers 

devote  the  entire  time  to  their  duties  during  the  four-year  term,  and 

2S-  are  bonded  in  not  less  than  $10,000.     The  director  reports  annually 

to  the  governor  and  biennially  to  the  general  assembly. 

Scutes  *n  addition  to  succeeding  to  all  rights  and  duties  of  the  former 

JJ^s.          board  of  administration  so  far  as  property  rights  are  concerned, 
l8b  the  department  of  public  welfare  regulates  the  admission  of  patients 

to  state  hospitals;  appoints  and  removes  superintendents  of  these 
*  Q)  institutions,  and,  subject  to  the  civil  service  law,  appoints  all  em- 

•*  ( J)  ployees  and  fixes  their  salaries ;  investigates  all  private  institutions 

for  the  insane,  makes  stated  visits  to  the  hospitals  for  the  purpose 
of  inspection  and  oversight;  and  holds  meetings  with  the  superin- 
tendents of  hospitals  and  the  board  of  public  welfare  commis- 
sioners to  consider  in  detail  all  questions  relating  to  the  treatment 
and  care  of  the  insane. 

l8L  Each  managing  officer  of  a  hospital  for  the  insane  must  develop 

occupations  that  serve  the  mental,  moral  and  physical  improve- 
ment, or  the  happiness  of  the  inmates;  and  it  is  the  duty  of  the 
department  of  public  welfare  to  co-ordinate  these  activities  as  will 
best  serve  an  educational  economical  and  efficient  administration  of 
all  the  institutions. 

?ubiic  welfare       Within  the  department  there  is  a  board  of  public  welfare  com- 
ciXoSde°.ners'  missioners,  composed  of  five  officers  serving  without  salary.     The 


59  ILLINOIS 

board  is  purely  advisory  and  nonexecutive:  its  general  powers  and 
duties  are  to  consider  and  study  the  field,  to  advise  the  executive    6- 
officers  of  the  department  upon  request,  to  recommend  policies  and    8- 
practices,  to  give  advice  and  make  recommendations  to  the  governor 
and  general  assembly,  to  investigate  the  conduct  of  the  work  of  the 
department  and  for  this  purpose  to  have  access  to  all  books,  docu- 
ments, papers,  and  records,  and  to  require  written  or  oral  informa- 
tion from  any  officer  or  employee. 

The  more  specific  duties  of  the  board  are  to  investigate  the  con-  54. 
dition  and  management  of  the  whole  system  of  state  charitable, 
penal,  and  reformatory  institutions,  including  state  hospitals;  when 
directed  by  the  governor,  to  investigate  and  report  to  him  con- 
cerning the  equipment,  management,  or  policy  of  any  state  char- 
itable, penal,  or  reformatory  institution;  to  inquire  into  the  equip- 
ment, management,  and  policies  of  all  institutions  and  organizations 
coming  under  the  supervision  and  inspection  of  the  department  of 
public  welfare;  to  collect  and  publish  annually  statistics  relating 
to  insanity  and  crime. 

All  other  than  state  institutions  giving  treatment  and  care  to^|ls 
persons  suffering  from  mental  and  nervous  diseases  must  provide 
the  department  of  public  welfare  with  detailed  information  from 
time  to  time,  regarding  their  physical  equipment  and  medical  and 
nursing  service,  and  furnish  it  a  certified  statement  every  three 
months,  giving  the  admissions,  deaths  and  discharges  during  the 
previous  three  months.  The  department  must  license  such  institu- 
tions as  it  deems  suitably  equipped  and  conducted,  and  no  person 
may  be  committed  to  or  received  in  any  such  institution  not  having 
a  valid  license  from  the  department  under  a  penalty  of  a  fine  from 
$50  to  $1,000,  or  imprisonment  for  not  more  than  six  months,  or 
both. 

b.  Institutional.     There  are  no  local  boards  of  trustees. 


2.  CARE 

a.  In  state  institutions. 
Jacksonville  State  Hospital,  Jacksonville;  established  1847;  2,100 

beds. 

Chicago  State  Hospital,  Dunning;  established  1860;  3,300  beds. 
Elgin  State  Hospital,  Elgin;  established  1869;  2,056  beds. 
Anna  State  Hospital,  Anna;  established  1869;  1,900  beds. 
Kankakee  State  Hospital,  Kankakee;  established  1877;  3,250  beds. 
Chester    State    Hospital,    Menard;    established    1889;    220   beds. 
(For  the  dangerous  insane.) 


ILLINOIS 


60 


State  care  of 
insane. 
i8c 


Boarding 
out  insane 
patients. 


Insane 
defined, 
ch.  85. 


Admission  of 
non-residents 
32. 


Private 

patients. 

19. 


Watertown  State  Hospital,  Watertown;  established  1895;  1,660  beds. 
Peoria  State  Hospital,  Peoria;  established  1895;  2,300  beds. 
Alton  State  Hospital,  Upper  Alton;  established  1913;  400  beds. 
The  state  psychopathic  institute  is  located  at  Kankakee. 

b.  In  local  institutions.     Cook  county  maintains  a  psychopathic 
hospital   (220  beds)  as  a  department  of  the  Cook  county  hospital. 

The  department  of  public  welfare  is  required  to  remove  insane 
persons  from  county  almshouses  to  state  hospitals,  the  state  having 
assumed  complete  care  of  its  insane  and  feebleminded. 

c.  In  families.     Any  insane  patient  in  any  state  hospital  may 
be  placed  at  board  in  a  suitable  family  home  by  the  department  of 
public  welfare.     The  cost  of  boarding  out  a  patient  may  not  exceed 
the  average  per  capita  cost  of  his  maintenance  in  the  hospital. 
Patients  boarded  out  must  be  visited  at  least  once  in  three  months. 
A  patient  boarded  out  may  be  permitted  by  the  department  tempo- 
rarily to  leave  custody  as  an  insane  person  in  charge  of  his  guardian, 
relatives,  friends  or  by  himself,  for  a  period  not  exceeding  one  year, 
and  may  be  received  again  when  returned  by  guardian,  relations  or 
friends,  or  upon  his  own  application,  without  any  further  order  of 
commitment.     During   such   temporary  absence  the   department 
may  assist  in  his  maintenance  to  an  amount  not  exceeding  the 
rate  paid  for  his  board. 

3.  COMMITMENT 

a.  Persons  committed.  All  insane  persons  residents  of  the 
state,  not  idiots  and  epileptics,  are  entitled  to  admission  to  the 
hospitals  for  the  insane. 

By  insane  is  meant  any  person  who  by  reason  of  unsoundness  of 
mind  is  incapable  of  managing  his  own  estate,  or  is  dangerous  to 
himself  or  others,  if  permitted  to  go  at  large,  or  is  in  such  condition 
of  mind  or  body  as  to  be  a  fit  subject  for  care  and  treatment  in  a 
hospital  or  asylum  for  the  insane.  No  person,  idiot  from  birth,  or 
whose  mental  development  was  arrested  by  disease  or  physical 
injury  occurring  prior  to  the  age  of  puberty,  and  no  person  who  is 
afflicted  with  simple  epilepsy  is  regarded  as  insane,  unless  tlje  mani- 
festations of  abnormal  excitability,  violence  or  homicidal  or  suicidal 
impulses  are  such  as  to  render  his  confinement  in  a  hospital  or 
asylum  for  the  insane  a  proper  precaution. 

Insane  persons  not  residents  of  the  state  may  not  be  detained  in 
any  private  institution  for  the  insane  unless  committed  in  accordance 
with  the  laws  of  the  state  in  which  they  are  residents,  or  with  the 
laws  of  Illinois. 

No  private  patient  may  be  admitted  to  a  state  hospital  for  the 
insane  until  a  bond  with  sureties  has  been  filed  with  the  superintend- 


61  ILLINOIS 

ent,  and  approved  by  the  county  judge  conditioned  to  provide 
suitably  for  him  and  to  remove  him  when  required. 

b.  Legal    procedure    in    commitment.     No    person    not    legally  J^^-™1* 
adjudged  to  be  insane,  may  by  reason  of  his  insanity  or  supposed    2- 
insanity  be  restrained  of  his  liberty,  except  that  the  temporary 
detention  of  an  alleged  lunatic  is  permitted  for  a  reasonable  time, 
not  exceeding  ten  days,  pending  a  judicial  investigation  of  his  mental 
condition. 

Any  reputable  citizen  of  the  county  in  which  a  person  supposed 
to  be  insane  resides  or  is  found  may  file  with  the  clerk  of  the  county 
court  a  sworn  statement  that  the  person  named  is  insane  and  re- 
quires restraint  or  commitment  to  some  hospital  for  the  insane. 
The  statement  must  be  accompanied  by  the  names  of  the  witnesses 
(one  of  whom  at  least  must  be  a  physician  having  personal  knowl- 
edge of  the  case) .  When  the  person  alleged  to  be  insane  has  not  been  Hearing, 
examined  by  a  physician,  the  judge  may  appoint  a  qualified  physi- 
cian of  the  county  to  make  such  examination.  The  hearing  of  the 
case  may  take  place  with  or  without  the  presence  of  the  person 
affected  as  circumstances  warrant,  but  not  until  he  has  been  notified. 

Inquests  in  lunacy  must  be  by  jury  or  a  commission  of  two  licensed  ^ e0srtsab*om_ 
physicians.     When  no  jury  is  demanded,  and  there  appears  to 
judge  to  be  no  occasion  for  it,  he  must  appoint  a  commission  of  two 
qualified  physicians  in  regular  and  active  practice,  who  are  residents 
of  the  county  and  of  known  competency  and  integrity,  to  make  a 
personal  examination  of  the  patient  and  file  with  the  clerk  of  the 
court  a  sworn  report  of  the  result  of  their  inquiries,  together  with 
their  conclusions  and  recommendations.     The  commissioners  have 
power  to  administer  oaths  and  take  sworn  testimony.     In  all  cases    7- 
of  inquest  by  jury,  the  jury  must  consist  of  six  persons,  and  one 
of  the  jurors  at  least  must  be  a  qualified  physician.     Inquests  in    8- 
lunacy  may  be  in  open  court  or  in  chambers,  or  at  the  home  of  the 
person  alleged  to  be  insane,  at  the  discretion  of  the  court.     The 
judge  may  require  all  persons  other  than  the  patient,  his  friends, 
witnesses,  licensed  attorneys  and  officers  of  the  court  to  withdraw 
from  the  room  during  the  inquest. 

The  jury  or  commission  must  furnish  the  court  in  writing  answers  Jury- 
to  the  interrogatories  that  may  be  prescribed  by  the  department  of 
public  welfare,  and  certify  to  their  correctness.     The  interrogatories 
must  be  submitted  to  the  medical  member  or  members  of  the  jury 
or  commission  by  the  court. 

The  court  may,  if  not  satisfied  with  the  finding  of  the  jury    xo- 
or  commission,  set  the  same  aside  and  order  another  inquest. 

Upon  the  return  of  the  finding  of  the  jury  or  commission,  theFindine- 
court  must  enter  the  proper  order  for  the  disposition  of  the  person 


ILLINOIS  62 

alleged  to  be  insane,  and  order  his  discharge  with  or  without  condi- 
tions, or  remand  him  to  the  custody  of  his  friends,  or"  commit  him 
to  some  hospital  or  asylum. 

K^e'into  A*  *kc  time  of  each  inquest  in  lunacy,  the  county  judge  must 
condition" of  inquire  into  the  pecuniary  condition  of  the  person  alleged  to  be 
insane  person.  insane,  and  that  of  the  relatives  who  are  bound  by  law  to  maintain 

him. 
order  of  When  the  order  of  commitment  has  been  entered,  the  clerk  of  the 

commitment. 

'7-  county  court  must  send  copies  of  the  papers  in  the  case  to   the 

superintendent  of  the  hospital  who  must  admit  the  patient  without 
delay.  If  there  is  no  room  or  the  hospital  or  the  county  has  its 
full  quota  of  patients,  the  superintendent  must  make  room  for  a 
patient  recently  adjudged  insane  by  returning  a  quiet,  harmless- 
chronic  insane  to  the  county  from  which  he  was  admitted  or  to  a 
hospital  for  chronic  insane. 

f°r  ^  a  Person  alleged  to  be  insane  is  possessed  of  any  estate,  the 
.  person  filing  the  application  for  an  inquest  in  lunacy  may  make  at 
the  same  time  application  for  the  appointment  of  a  conservator  of 
the  alleged  lunatic.  If  he  is  adjudged  insane  without  application 
for  a  conservator  having  been  made,  and  if  he  has  any  estate,  the 
court  may,  upon  petition,  make  an  appointment  of  a  conservator. 
In  a  county  with  a  probate  court,  upon  filing  of  the  proper  petition, 
together  with  the  duly  certified  copy  of  the  record  and  the  verdict 
of  the  jury,  or  the  report  of  the  commission  of  physicians,  and  the 
judgment  of  the  county  court  finding  a  person  insane,  the  probate 
court  may  without  further  inquest  appoint  a  conservator. 

Application.  Ct  Voluntary  admission.  Any  person  in  the  early  stages  of 
insanity  who  may  desire  the  benefit  of  treatment  in  a  state  or 
licensed  private  hospital  for  the  insane  as  a  voluntary  patient,  may 
be  admitted  to  it  on  his  written  application,  accompanied  by  a 
certificate  from  the  county  court  of  the  county  in  which  he  resides. 
All  voluntary  patients  have  the  right  to  leave  the  hospital  at  any 
time  on  giving  three  days'  notice  to  the  superintendent. 

To^the  circuit        d.  Appeal  from  commitment.     Appeals  are  allowed  to  the  circuit 
"•  court  from  any  order  or  judgment  made  are  rendered  under  the  act 

governing  commitments  upon  the  appellant  giving  such  bond  and 
security  as  the  court  may  direct. 

Habeas  corpus.  Every  person  confined  as  insane  is  entitled  to  the  benefit  of  the 
writ  of  habeas  corpus,  and  the  question  of  insanity  must  be  decided 
at  a  hearing.  If  the  judge  decides  that  the  person  is  insane,  this  does 
not  bar  the  issuance  of  the  writ  a  second  time  or  whenever  it  is  al- 
leged that  he  has  been  restored  to  reason.  If  the  person  is  adjudged 
sane,  the  court  where  the  inquest  was  had  must,  on  the  presentation 


63  ILLINOIS 

of  a  certified  copy  of  the  judgment,  rescind  the  judgment  of  in- 
sanity. 

e.  Cost  of  commitment.  The  costs  of  proceedings  in  inquests 
lunacy  in  case  of  county  patients  are  paid  from  the  county  treasury 
of  the  county  of  which  they  are  residents;  but  in  case  of  private 
patients,  if  the  person  is  found  to  be  insane,  they  must  be  paid  by 
his  guardian  or  conservator  out  of  his  estate.  When  the  person  is 
found  not  to  be  insane,  the  court  may  require  the  costs  to  be  paid 
by  the  person  who  filed  the  application  for  commitment. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  clerk  must  issue  a  warrant,  in  duplicate,  directed  to  the Clerk  'f81165 

warrant. 

sheriff  or  any  suitable  person,  giving  preference  to  some  relative  l8- 
of  the  insane  person,  when  desired,  to  deliver  the  insane  person  to  the 
superintendent.  No  female  patient  may  be  taken  to  the  hospital 
by  any  person  not  her  husband,  father,  brother,  or  son,  without  the 
attendance  of  some  other  female  of  reputable  character  and  mature 
age. 

5.  TRANSFER   OF  PATIENTS 

The  department  of  public  welfare  has  power  to  transfer  patients    l8e> 
from  one  state  hospital  for  the  insane  to  another,  when  in  its  judg- 
ment transfers  are  advisable. 

6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

Under  regulations  of  the  department  of  public  welfare,  patients  ^n^e  dePart~ 
may  be  released  on  parole  for  any  term  not  exceeding  three  months,    »• 
and,  if  not  returned  to  the  institution  within  that  period,  a  new 
order  of  commitment  from  the  county  judge  is  necessary  for  read- 
mission  to  the  institution;  but  the  court  may  make  such  order  upon 
the  old  verdict,  if  satisfied  that  the  patient  in  question  is  still  in- 
sane. 

Subject  to  the  rules  of  the  department  of  public  welfare,  the  By  ^tend_ 
superintendent  of  a  hospital  may  discharge  a  patient  because  he  is  en*-2> 
not  insane,  or  because  he  has  recovered,  or  because  he  is  so  far 
improved  as  to  be  capable  of  caring  for  himself,  or  because  the  friends 
of  the  patient  request  his  discharge,  and  in  the  judgment  of  the 
superintendent  no  evil  consequence  is  likely  to  follow  such  dis- 
charge, or  because  there  is  no  prospect  of  further  improvement 
under  treatment.  No  patient  who  has  not  recovered  his  reason  or 
who  is  charged  with  crime  may  be  declared  discharged  until  at  least 
ten  days  after  notice  to  the  judge  of  the  county  court  having  jurisdic- 
tion in  the  case,  in  order  to  enable  the  judge  to  make  proper  order  as 
to  the  disposition  of  the  patient  upon  discharge. 


64 


A  person  discharged  from  a  state  hospital  or  asylum  for  the  insan6 
must  be  provided  with  suitable  clothing  and  a  sum  of  money,  not 
exceeding  $20,  sufficient  to  defray  his  expenses  home,  which  are 
charged  to  the  patient,  if  a  private  patient,  and  if  a  county  patient, 
to  the  county. 

When  notified  that  a  patient  has  been  discharged  as  cured,  the 
judge  of  any  county  court  must  enter  an  order  restoring  the  patient 
to  all  his  rights  as  a  citizen,  and  if  a  conservator  of  his  estate  has 
been  appointed,  the  conservator  must  be  removed.  At  any  time 
subsequent  to  the  discharge  of  any  patient,  the  judge  of  the  county 
court  may  hear  evidence  tending  to  show  that  the  patient  has  been 
restored  to  reason,  and  if  satisfied  of  his  recovery  may  enter  a  similar 
order,  whereupon  the  patient  is  not  liable  to  commitment  to  a 
hospital  without  a  new  inquest  in  his  case. 

A  staff  physician,  or  some  other  suitable  person  must,  when  the 
superintendent  deems  it  necessary,  visit  the  home  of  any  paroled 
patient  or  any  convalescent  patient  before  discharge  and  advise 
with  the  family  as  to  the  care  and  occupation  most  favorable  for  the 
patient's  continued  improvement.  Visits  must  be  made  from  time 
to  time  to  the  patient  after  parole  or  discharge  as  are  considered 
necessary  by  the  superintendent. 

7.  COST   OF   MAINTENANCE 

All  insane  persons  in  the  state  hospitals  are  maintained  at  the 
expense  of  the  state.  When  they  are  able  to  do  so,  relatives  or 
estates  of  patients  must  furnish  their  clothing. 

8.  CRIMINAL   INSANE 

Insane  convicts  in  the  state  penitentiaries  may  be  committed  to 
the*  asylum  for  insane  criminals  without  formal  inquest  on  the 
certificate  of  the  penitentiary  physician,  and  held  until  adjudged 
by  the  superintendent  and  the  department  of  public  welfare  fit 
to  be  discharged. 

Where  any  person  is  sent  to  a  state  hospital  for  the  insane,  being 
acquitted  of  crime  on  the  plea  of  insanity,  or  being  under  indictment 
for  crime,  the  state's  attorney  in  charge  of  the  case  must  officially 
notify  the  superintendent  of  the  hospital  to  which  the  accused  is 
sent,  of  any  indictment  pending  against  such  person,  or  of  the  fact 
that  the  accused  has  been  acquitted  of  his  crime  on  the  plea  of 
insanity,  and  the  superintendent,  in  case  he  at  any  time  discharges 
the  accused,  must  officially  notify  the  state's  attorney  of  the  fact  of 
the  discharge  and  the  reasons  therefor. 


65 
INDIANA 

Authorities: 

Burns'  Annotated  Indiana  Statutes,  1914 
Laws  of  Indiana,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.  The  board  of  state  charities  is  composed  of 
governor  of  the  state  as  ex-officio  member  and  chairman  and  six 
uncompensated  members — three  from  each  leading  political  party — 
appointed  by  him  for  terms  of  three  years.  This  board  must  in- 
vestigate and  examine  into  the  condition  and  management  of 
hospitals,  and  the  officers  in  charge  of  the  hospitals  must  furnish  to 
it  all  the  information  and  statistics  which  it  may  require.  At  any  3666- 
time  it  may  investigate  the  management  of  any  correctional  or 
charitable  institution  of  the  state,  and  must  report  the  result  of  its 
investigation  to  the  governor,  who  must  submit  it  to  the  general 
assembly. 

The  judge  of  the  circuit  court  of  any  county  may  and  upon  thejjj^j0*"*1* 
petition  of  fifteen  citizens  must  appoint  a  board  of  county  charities.  3675> 
These  boards  are  composed  of  six  unsalaried  members  not  more  than 
four  of  whom  shall  be  men  and  shall  be  appointed  for  terms  of  three 
years.  At  least  once  each  quarter  and  as  much  oftener  as  they  think 
necessary,  the  board  in  each  county  must  inspect  the  county  poor 
asylums  and  any  other  charitable  and  correctional  institutions  in  the 
county  which  receive  public  aid.  It  must  make  a  quarterly  report 
to  the  board  of  commissioners  of  the  county  of  the  condition  of 
each  institution,  and  must  present  annually  a  report  of  its  work  to 
the  judge  of  the  circuit  court  and  to  the  board  of  state  charities.  It 
must  report  to  the  board  of  county  commissioners  and  the  board  of 
state  charities  any  facts  in  connection  with  an  institution  which 
ought  to  be  known  to  the  commissioners,  especially  anything  in- 
jurious to  the  county  or  to  the  inmates  of  the  institution  and  must 
suggest  remedies  for  the  evils  reported.  At  any  time  the  county 
board  of  charities  may  call  upon  the  board  of  state  charities  for 
advice  and  assistance. 

The  board  of  county  commissioners  has  supervision  of  the  county  f^fyof 
asylum  for  the  poor  and  of  the  county  asylum  for  the  incurably  commissioners, 
insane  in  any  county  in  which  one  has  been  established.      These    9780. 
commissioners  appoint  the  superintendent  of  the  county  asylum  for 
a  term  of  four  years. 

Township  trustees  are  ex-officio  overseers  of  the  poor  and  have  ^eepS0e0rrsof 
charge  of  indigent  persons  who  are  not  provided  for  in  public  in-    °74i- 
stitutions. 

6 


66 


3438- 
3439- 
3440. 


3451. 
3442. 


3741- 
3746- 


3738-3739- 


3102. 

978o. 
3731- 


3763- 
3764. 


b.  Institutional.  Each  of  the  general  state  hospitals  for  the  in- 
sane is  under  the  legal  custody  and  supervision  of  a  board  of  trus- 
tees composed  of  four  compensated  members  not  more  than  two 
of  whpm  can  be  from  one  political  party.  These  trustees  are 
appointed  by  the  governor  for  four-year  terms  and  are  removable 
by  him  for  cause  after  an  opportunity  to  be  heard  upon  written 
charges.  Each  board  appoints  as  superintendent  for  the  hospital 
under  its  charge  a  reputable  physician  who  has  had  experience  in  an 
institution  for  the  insane,  and  fixes  the  number  of  subordinate 
officers  and  employees  and  their  compensation.  The  superintendent 
has  personal  charge  and  supervision  of  the  institution  and  its  in- 
mates and  appoints  all  other  officers  and  employees  subject  to  the 
rules,  regulations,  orders,  and  general  control  of  the  board  of  trus- 
tees, to  whom  he  must  make  his  reports.  The  board  meets  at  the 
hospital  every  month  and  must  make  an  annual  report  to  the  gov- 
ernor. This  report  must  be  printed  and  transmitted  by  the  gov- 
vernor  to  the  general  assembly  with  his  annual  message. 

The  hospital  for  insane  criminals  at  Michigan  City  is  under 
the  management  of  the  board  of  trustees  and  warden  of  the  state 
prison.  The  physician  in  charge  must  have  had  at  least  three  years' 
practical  experience  as  a  physician. 

2.   CARE 

a.  In  state  institutions. 

Central  Indiana  Hospital  for  the  Insane,  Indianapolis;  established 

1844;  1,434  beds. 
Northern  Indiana  Hospital  for  the  Insane,  Logansport;  established 

1883;   1,000  beds. 
Eastern  Indiana  Hospital  for  the  Insane,  Richmond;  established 

1883;  867  beds. 
Southern  Indiana  Hospital  for  the  Insane,  Evansville;  established 

1883;  870  beds. 
Southeastern  Hospital  for  the  Insane,  North  Madison;  established 

1905;  1,150  beds. 
Indiana  Hospital  for  Insane  Criminals,  Michigan  City;  established 

1909;  175  beds  (for  males  only). 

The  statutes  require  that  male  and  female  insane  shall  be  treated 
in  separate  wards  or  departments. 

b.  In  local  institutions.     Each  county  provides  in  the  county 
poor  asylum  for  such  of  its  indigent  insane,  especially  incurably 
insane,  as  can  not  be  received  into  the  state  hospitals.     Counties 
of  150,000*  or  more  population  may  provide  a  separate  asylum  for 
the  care  and  treatment  of  incurably  insane  paupers.     The  board 

*  Marion  County — City  of  Indianapolis. 


67  INDIANA 

of  county  commissioners  may  contract  with  guardians  for  the  treat- 
ment of  the  incurably  insane  of  the  county  not  paupers  in  these 
asylums  at  reasonable  compensation. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons,  not  idiots,  residing    |£°f; 
in  the  state  who  have  legal  settlement  in  any  county  therein  are 
entitled  to  be  maintained  and  to  receive  medical  treatment  in  the    3736- 
state  hospitals  for  the  insane  at  the  expense  of  the  state. 

b.  Legal    procedure    in    commitment.     Upon    a    statement    in ^j*{£te court 
writing  to  the  probate  court  of  any  county,  that  an  inhabitant  of    3I01- 
the  county  is  of  unsound  mind  and  incapable  of  managing  his  own 

estate,  the  court  shall  cause  an  issue  to  be  made  out  and  hold  a 
hearing  to  determine  the  sanity  of  the  person.  The  hearing  may  be 
by  the  court  with  or  without  a  jury,  and  it  is  the  duty  of  the  prose- 
cuting attorney  to  appear  and  protect  the  interests  of  the  person 
alleged  to  be  of  unsound  mind.  If  the  person  is  found  to  be  of 
unsound  mind,  the  court  must  appoint  a  guardian  to  have  the  cus- 
tody  of  his  person  and  the  management  of  his  estate.  If  the  court  3 
finds  that  the  person  is  dangerously  insane  it  must  make  such  order 
for  his  safe-keeping  as  is  necessary.  An  allegation  that  a  person  of 
unsound  mind  has  become  of  sound  mind  may  be  tried  and  deter- 
mined in  the  same  manner  as  an  allegation  of  unsoundness  of  mind. 

Proceedings  for  committing  an  alleged  insane  person  to  a  general  ^t 
state  hospital  for  the  insane  are  by  a  sworn  statement  regarding  his  ™ 
insanity  by  a  citizen  of  the  county  filed  with  a  justice  of  the  peace 
and  upon  an  examination  and  a  hearing  held  by  this  justice  and  two 
reputable  practicing  physicians  of  the  county  selected  by  him,  or  by 
the  circuit  or  superior  court.     At  this  hearing  the  justice  may    3<594- 
examine  witnesses  against  and  in  behalf  of  the  person  alleged  to  be  Examination, 
insane,  may  summon  medical  examiners,  and  must  obtain  a  certifi- 
cate of  the  medical  attendant  of  the  alleged  insane  person  giving  the    3697- 
medical  history  of  the  case.     The  medical  examiners  must  make  a 
sworn  statement  of  the  results  of  their  examination,   declaring 
whether  in  their  opinion  the  person  under  examination  is  insane  or    3698. 
not,  and  the  justice  must  deposit  a  sworn  statement  of  his  findings,    3699- 
and  all  the  documents  in  the  case,  with  the  clerk  of  the  county 
circuit  court.     If  the  person  has  been  found  insane  the  clerk  of  the  Commitment, 
court  must  apply  to  the  superintendent  of  the  proper  hospital  for 
the  admission  of  the  insane  person,  accompanied  by  a  certificate  of  a 
justice  of  the  peace  that  such  person  has  a  legal  settlement  in  the 
county  in  which  settlement  for  him  is  claimed.     Until  he  can  be    3?"- 
received  into  the  hospital,  the  clerk  must  direct  how  he  shall  be 
taken  care  of,  and,  if  necessary,  may  order  his  confinement  in  the 


INDIANA 


Deportation  of 
non-residents. 
Laws  of  1917, 
ch.  56. 


Order  of 

admission. 

Statutes. 

3731- 


Arrest  of 
dangerous 


7879- 


Jury  trial. 


Trial  by 
circuit  court. 


Commitment. 
7887. 


Recommitmer 
3733- 


county  jail.  The  superintendent  immediately  must  determine  the 
nature  of  the  case  and  whether  the  person  can  be  received  into  the 
hospital. 

If  the  applicant  does  not  have  a  legal  settlement  in  the  state,  or  if 
the  place  of  settlement  is  in  doubt,  the  superintendent  must  notify 
the  board  of  state  charities.  The  board  must  make  an  investiga- 
tion and  may  order  the  applicant  committed  or  deported.  The 
expense  of  deportation  is  paid  by  the  state. 

Applicants  for  admission  into  the  hospitals  when  they  are  crowded 
must  be  received  in  the  following  order:  (1)  recent  cases,  when  the 
disease  is  of  less  than  one  year's  duration,  (2)  chronic  cases,  more 
than  one  year's  duration,  presenting  the  most  favorable  prospects  of 
recovery,  (3)  those  for  whom  application  has  been  longest  on  file. 
Superintendents  are  required  to  see  that  each  county  has  a  just 
proportion  of  its  applicants  accepted  according  to  its  population, 
but  the  trustees  may  give  preference  to  recent  cases  from  one 
county,  over  chronic  cases  from  another. 

Rejected  applications  may  be  renewed  by  the  proper  county 
clerk  by  reference  to  the  original  application,  and  may  be  accepted 
by  the  superintendent,  provided  the  renewal  is  made  within  six 
months  of  the  inquest. 

A  justice  of  the  peace  must  issue  a  warrant  to  a  constable  or 
sheriff  for  the  arrest  of  any  person  of  whom  complaint  under  oath 
has  been  made  that  he  is  dangerously  insane.  The  justice  must 
summon  witnesses  and  a  jury  of  disinterested  householders,  and 
determine  the  sanity  of  the  person  complained  of  as  dangerously  in- 
sane. If  the  jury  finds  that  the  person  is  dangerously  insane  the 
justice  appoints  some  one  to  take  charge  of  and  confine  the  insane 
person  at  the  expense  of  the  county.  The  justice  must  certify  his 
findings  in  the  case  to  the  circuit  court  of  the  county  wherein  a  new 
hearing  of  the  case  must  be  had  if  the  finding  was  against  the  insane 
person,  or  an  appeal  may  be  had  by  the  complainant  if  the  finding 
was  in  favor  of  the  person  charged  with  being  dangerously  insane. 
Upon  verdict  in  the  circuit  court  that  the  person  is  dangerously 
insane  the  court  must  appoint  a  guardian  for  him  and  approve  the 
appointment  of  the  custodian  of  his  person  made  by  the  justice  of  the 
peace  or  appoint  some  other  custodian.  A  person  thus  declared  to 
be  dangerously  insane  may  at  any  time  be  committed  to  a  hospital 
for  the  insane  according  to  the  usual  procedure. 

Proceedings  for  the  recommitment  of  a  person  once  declared 
insane  and  committed  to  a  hospital  but  afterwards  discharged  may 
be  instituted  upon  the  affidavit  of  a  physician  that  the  person  was 
adjudged  insane,  was  an  inmate  of  a  hospital,  was  discharged,  but  is 
again  insane,  and  a  proper  subject  for  treatment  in  a  hospital.  A 


69  INDIANA 

copy  of  this  affidavit  certified  to  by  the  county  clerk  and  a  certificaet 
from  the  clerk  of  the  county  circuit  court  of  the  record  of  the  former 
adjudgment  of  insanity  are  transmitted  to  the  superintendent  of  the 
proper  hospital  for  the  insane  or  to  the  friends  of  the  patient  and  upon 
them  as  a  basis  an  inquest  into  the  mental  state  of  the  alleged  insane 
person  is  made  according  to  the  procedure  of  an  original  inquest. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     Appeal  from  commitment  may  be  H*^2^  corpus, 
made  on  a  writ  of  habeas  corpus  in  behalf  of  any  person  committed  as 

insane,  and  the  question  of  insanity  must  be  decided  at  the  hearing. 
An  adverse  decision  does  not  bar  the  issuance  of  another  writ  after 
three  months  have  elapsed. 

e.  Cost  of  commitment.     A  guardian  appointed  for  a  person  of  T°3j(*£ardian> 
unsound  mind  must  pay  the  expenses  of  the  legal  procedure  out  of 

the  estate  of  his  ward.  If  the  person  alleged  to  be  of  unsound  mind 
is  found  to  be  of  sound  mind,  the  person  who  made  the  charge  of 
insanity  against  him  must  pay  the  costs.  The  estate  of  a  person  of 
unsound  mind  must  pay  the  costs  of  a  proceeding  brought  for  his 
release  on  the  ground  of  recovery,  if  the  proceedings  are  successful; 
if  he  is  held  still  to  be  of  unsound  mind  costs  are  taxed  to  the  person 
filing  the  application  for  him.  All  expenses  incident  to  commit-  T°3*3h2°spitaL 
ments  into  a  hospital  for  the  insane  are  paid  by  the  counties. 

If  a  person  declared  dangerously  insane  by  a  circuit  court  has  J^eerous 
no  family,  the  costs  of  proceedings,  commitment,  and  maintenance  ms*j£; 
are  paid  out  of  his  estate  if  he  has  any,  and  the  costs  of  the  pro- 
ceedings in  the  court  of  the  justice  of  the  peace  are  refunded  to  the 
county  out  of  it;  but  if  he  has  a  family  these  expenses  are  borne 
by  the  county  of  which  he  is  a  legal  resident  unless  his  estate  ex- 
ceeds in  value   $500.     If  on  the  trial  in  the  circuitc  ourt  he  is 
released,  all  these  expenses  are  borne  by  the  persons  bringing  the 
complaint  of  insanity  against  him.     Fees  and  expenses  of  lunacy 
commissions  are  paid  out  of  the  state  treasury. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  county  clerk  upon  receipt  from  the  superintendent  of  the  cierinssues 
acceptance  of  an  application  must  issue  a  warrant  to  the  sheriff    3706. 
or  other  suitable  person  to  arrest  and  convey  the  person  to  the  hos- 
pital.    A  female  patient  must  be  accompanied  by  a  female  at-    2193. 
tendant,  unless  accompanied  by  husband,  father,  or  son. 

5.  TRANSFER   OF  PATIENTS 

An  inmate  of  any  state  hospital  who  has  not  a  legal  settlement  i 
a  county  of  the  district  in  which  the  hospital  is  situated  may  be    372 
transferred  to  the  hospital  of  his  proper  district  by  mutual  agree- 


INDIANA 


70 


Laws  of  1917, 
ch.  154. 


ment  of  the  respective  boards  of  trustees.  By  mutual  agreement  of 
the  boards  of  trustees  of  any  two  hospitals  for  the  insane,  a  patient 
may  be  transferred  for  any  sufficient  reason,  not  oftener,  however, 
than  once  in  five  years. 

The  governor  may  cause  the  transfer  of  any  ward  or  inmate  upon 
apetition  being  filed  with  him  by  the  superintendent. 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

By  the  A  patient  who  has  been  restored  to  health  must  be  discharged  by 

statutes.        '  the  superintendent  of  the  hospital  for  the  insane  to  the  sheriff  of  the 

county  from  which  the  patient  was  committed,  to  friends  willing 

and  able  to  care  for  him,  or  to  himself  if  he  is  able  to  provide  for 

3725.  himself.     Discharge  to  a  sheriff  is  to  remove  the  patient  to  his  home 

and  is  made  upon  order  from  the  clerk  of  the  county  circuit  court  on 

notice  to  the  clerk  from  the  superintendent  of  the  hospital. 

commissioners.     ^n  inmate  of  a  county  asylum  for  the  incurably  insane  may  be  dis- 

3763-  charged  by  the  board  of  county  commissioners  to  friends  willing 

and  able  to  provide  for  him. 

7.  COST   OF   MAINTENANCE 

3I02-  Insane  paupers  for  whom  a  guardian  has  been  appointed  are 

provided  for  under  the  laws  regulating  the  relief  of  the  poor. 

The  expenses  for  maintenance  of  a  person  dangerously  insane  must 
be  paid  out  of  his  estate  on  direction  of  the  court  which  has  declared 
him  insane,  or  if  the  estate  is  insufficient,  or  necessary  for  the  support 
of  his  family,  out  of  the  county  treasury. 

When  a  person  is  supported  at  public  expense  in  a  hospital  for  the 
insane  and  is  found  to  have  an  estate  which  is  not  needed  for  the 
support  of  other  dependents,  the  amount  of  expenses  incurred  by 
the  state  is  a  charge  against  the  estate. 

If  insane  persons  committed  to  a  hospital  for  the  insane  are  not 
supplied  with  an  ample  supply  of  suitable  clothing,  the  clerk  of  the 
county  must  furnish  the  necessary  supply  at  a  cost  not  to  exceed 
thirty  dollars  to  be  paid  out  of  the  county  treasury.  Inmates  of  a 
hospital  not  otherwise  supplied  must  be  furnished  by  the  superin- 
tendent with  the  necessary  clothing  at  an  expense  of  not  more  than 
twenty  dollars  per  annum  for  each  patient  to  be  charged  to  the 
county  from  which  he  was  committed. 

8.  CRIMINAL   INSANE 

When  the  defendant  in  a  criminal  cause  desires  to  plead  insanity, 
his  defense  must  be  set  up  in  writing. 

The  jury  or  court  trying  the  case  is  required  to  determine  whether 
the  defendant  was  insane  at  the  time  of  commission  of  the  act  and 
whether  not  guilty  because  of  insanity  at  that  time. 


Estate  liable. 
3111. 


Laws  of  1917, 
ch.  72. 


Clothing. 

Statutes. 

3707. 


3708. 


Persons 
acquitted  of 
crime. 
2070. 


71 


INDIANA 


If  the  defendant  is  found  not  guilty  on  account  of  insanity  the  3°7lb- 
court  must  find  as  to  the  defendant's  sanity  at  the  time  of  the  trial. 
A  male  defendant  found  insane  is  committed  to  the  hospital  for  insane 
criminals,  a  female  to  any  state  hospital  where  there  are  females. 
If  the  defendant  is  sane  at  the  time  of  the  trial  but  a  recurrent 
attack  of  insanity  highly  probable,  he  is  committed  as  above. 

Any  time  after  six  months  the  insane  convict  may  file  in  the 
in  which  he  was  committed  an  application  to  be  discharged  and  if 
the  judge  is  satisfied  that  sanity  is  restored  and  recurrence  of  in- 
sanity improbable  he  must  order  him  discharged.  A  subsequent 
application  for  discharge  may  not  be  made  within  two  years  of  a 
previous  one. 

If  a  court  before  the  trial,  or  during  its  progress  but  before  the  D  *£*$  trial> 
final  submission  of  the  cause  to  the  court  or  jury,  believes  the  de- 
fendant insane,  two  physicians  must  be  appointed  to  examine  him 
and  testify  at  a  hearing;  other  evidence  may  be  introduced  to  prove 
the  defendant's  sanity  or  insanity.  If  the  court  finds  that  the  de- 
fendant has  comprehension  sufficient  to  understand  the  nature  of 
the  criminal  action  against  him  and  the  proceedings  thereon  and  to 
make  his  defense,  the  trial  may  not  be  delayed.  In  event  of  the 
opposite  finding,  the  defendant  must  be  committed  to  the  hospital 
for  insane  criminals  if  a  male,  or  to  a  state  hospital  if  a  female. 

When  the  superintendent  of  a  hospital  certifies  ihat  the  defendant 
has  become  sane  or  the  court  is  sufficiently  advised  of  restoration, 
the  defendant  is  placed  on  trial. 

The  sheriff  is  allowed  fees,  as  for  taking  insane  persons  to  a    3°7«- 
hospital. 

Upon  certification  by  the  physician  of  a  state  prison  or  reformatory 
to  the  superintendent  or  warden  that  a  convict  is  insane,  the  superin- 
tendent,  or  warden,  if  satisfied  of  his  insanity,  must  report  the  case 
to  the  governor.  Upon  the  order  of  the  governor,  to  whom  he  re- 
ports their  findings,  the  superintendent  or  warden  convenes  a  lunacy 
commission,  made  up  of  a  resident  justice  of  the  peace  and  two 
physicians,  to  examine  the  alleged  insane  convict  and  report  on  his 
condition.  Five  days  before  the  holding  of  the  examination,  the 
superintendent  or  warden  must  notify  the  next  friend  or  relative 
of  the  convict,  and  the  board  of  state  charities.  The  governor,  if 
convinced  that  the  convict  is  insane,  orders  him  committed  to  the 
state  hospital  for  insane  criminals  and  orders  the  general  superin- 
tendent or  warden  to  transfer  him.  An  insane  convict  receives 
credit  on  his  sentence  for  the  time  he  is  under  treatment  in  the  state 
hospital  for  insane  criminals. 

The  governor,  upon  notice  from  the  warden  or  physician  of  the 
hospital  for  the  criminal  insane  that  a  convict  confined  as  insane  has 


3748> 


INDIANA  72 

recovered  his  sanity,  orders  him  transferred  to  the  penal  institution 
from  which  he  was  removed  if  the  recovery  occurred  before  the 
expiration  of  the  sentence  for  crime.  If  the  insanity  of  a  convict 
continues  beyond  the  expiration  of  his  sentence  for  crime,  he  is  kept 
in  the  hospital  for  criminal  insane  until  he  regains  .his  sanity,  but 
upon  certification  of  his  recovery  by  the  physician  and  warden  of  the 
hospital,  the  governor  orders  the  warden  to  discharge  him  and  to 
report  his  discharge  to  the  institution  from  which  he  was  transferred, 
and  to  the  board  of  state  charities. 


73 
IOWA 

Authorities : 

Code  of  Iowa,  1897 

Supplement  to  Code  of  Iowa,  1913 

Laws  of  Iowa,  1911 

i.  ADMINISTRATION  AND   SUPERVISION 

a.  General.     The  board  of  control  of  state  institutions  is  com-          . 
posed  of  three  electors,  not  more  than  two  of  whom  may  belong  to  Supplement, 
the  same   political   party  or  reside  in  the  same  congressional  dis-    2727"a  r- 
trict,  appointed  by  the  governor  for  terms  of  six  years  and  subject 

to  removal  by  him.     Each  member  receives  a  salary  of  $3,000  per    2727'a  "• 
annum  and  necessary  traveling  expenses  within  the  state.     The 
board  is  vested  with  the  management  of  all  state  charitable  and 
correctional  institutions,  replacing  the  former  boards  of  trustees, 
and  exercises  supervisory  powers  over  all  county  and  private  institu-  Institutions, 
tions  in  which  insane  persons  are  cared  for.     The  board  is  required 
to  gather  and  present  information  in  regard  to  the  best  and  most 
successful  methods  of  caring  for  the  insane,  to  encourage  scientific 
investigations  by  the  medical  staffs  of  the  hospitals  for  the  insane 
and  to  publish  the  results  of  the  scientific  and  clinical  work  done  in    2727"a  "• 
these  institutions.     The  board  must  make  a  biennial  report  to  the 
governor  and  legislature. 

The  board  of  control  has  the  direction  and  management  of  the    w-***' 
state  hospitals  for  the  insane.     It  appoints  for  each  one  a  qualified 
medical  superintendent  for  a  term  of  four  years  and  may  remove  him  supenntend- 
for  cause.     It  fixes  the  number  and  salaries  of  employees,  but  the 
discharge  of  employees  is  a  function  of  the  superintendents.     It  is 
obligatory  upon  the  board  to  make  monthly  visits  to  the  state 
hospitals. 

The  county  homes  (poor  asylums)  are  under  the  control  of  the 
board  of  county  supervisors,  who  appoint  the  stewards  and 
scribe  the  regulations  for  their  management.     The  county  poor- 
houses  with  departments  for  the  insane  are  subject  to  monthly 
visits  by  the  board  of  control  of  state  institutions. 

b.  Institutional.     There  are  no  local  boards  of  trustees. 

2.  CARE 

a.  In  state  institutions. 
Mount   Pleasant  State  Hospital,  Mt.  Pleasant;  established,  1850; 

1,000  beds. 

Independence    State    Hospital,    Independence;    established,  1869; 
1,224  beds. 


74 


2737-a  28a. 


2263. 


2265. 


Clarinda  State  Hospital,  Clarinda;  established,  1885;  1,160  beds. 
Cherokee  State  Hospital,  Cherokee;  established,  1902;  1,000  beds. 

b.  In  local  institutions.  Most  of  the  counties  (sixty-four  in  all) 
maintain  county  homes  having  special  accommodations  for  the  cure 
of  chronic  and  incurable  harmless  insane  who  are  residents  of  the 
county. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons,  not  idiots,  with  a 
legal  residence  in  the  state  are  entitled  to  admission  to  the  state 
hospitals  if  found  fit  subjepts  for  treatment  in  these  institutions. 
Persons  found  to  be  without  a  legal  settlement  in  the  state  who 
become  insane  must  be  cared  for  in  a  state  hospital,  until  their  legal 
residence  can  be  ascertained,  or  they  can  be  transported  to  it. 

b.  Legal  procedure  in  commitment.     Each  county  has  a  board 
of  three  commissioners  of  insanity,  and  in  counties  where  district 
court  is  held  in  two  places  there  is  one  such  board  of  commissioners 
at  each  place,  consisting  of  the  clerk  of  the  district  court,  or  his 
deputy,  one  physician  in  actual  practice  and  of  good  professional 
standing,  and  one  lawyer  in  actual  practice  and  of  good  standing, 
appointed  by  the  judge  of  the  district  court.     The  appointments 
may  be  made  by  the  court  for  terms  of  two  years.     The  clerk  of  the 
board  must   sign  and  issue  all  notices,  appointments,  warrants, 
etc.,  and  file  and  preserve  in  his  office  all  papers  connected  with  any 
inquest  by  the  commissioners.     The  commissioners  have  cognizance 
of  all  applications  for  admission  to  the  hospital,  or  for  the  safe-keep- 
ing otherwise  of  persons  within  their  respective  counties,  except  in 
cases  otherwise  specially  provided  for. 

Applications,  directed  to  the  commissioners  of  insanity,  for 
admission  to  the  hospital  must  be  made  in  the  form  of  an  informa- 
tion, verified  by  affidavit,  alleging  that  the  person  in  whose  behalf 
the  application  is  made  is  believed  by  the  informant  to  be  insane,  a 
fit  subject  for  custody  and  treatment  in  the  hospital,  and  that  he  is 
in  the  county.  The  commissioners  may  examine  the  informant 
and  other  witnesses  under  oath,  and  may  require  that  the  person 
for  whom  admission  is  sought  be  brought  before  them,  providing  for 
his  custody  meanwhile.  Any  citizen  of  the  county  or  relative  of  the 
person  alleged  to  be  insane  may  appear  and  resist  the  application, 
and  employ  counsel.  The  commissioners  must  appoint  some 
regular  practicing  physician  of  the  county  to  make  a  personal  ex- 
amination of  the  person  alleged  to  be  insane.  The  examining 
physician  must  endeavor  to  obtain  from  the  relatives  of  the  person, 
or  from  others  who  know  the  facts,  answers  to  prescribed  interroga- 
tories, the  answers  to  be  attached  to  his  certificate.  If  the  com- 


75  IOWA 

missioners  find  the  person  is  not  insane,  they  must  order  his  im- 
mediate discharge,  if  in  custody;  but  if  insane  and  a  fit  subject  for 
custody  and  treatment  in  the  hospital,  they  must  order  his  commit-  commitment, 
ment  to  the  hospital  in  the  district  in  which  the  county  is  situated. 

If  at  any  time  it  is  necessary  to  discriminate  in  the  general  recep-  Discrimination 
tion  of  patients  in  a  hospital,  a  selection  must  be  made  in  the  follow-  <>f  patients, 
ing  order:  (1)  cases  of  less  duration  than  one  year;  (2)  chronic 
cases,  where  the  disease  is  of  more  than  one  year's  duration,  present- 
ing the  most  favorable  prospects  for  recovery;  (3-)  those  for  whom 
application  has  been  longest  on  file;  (4)  where  cases  are  equally 
meritorious  in  all  other  respects,  the  indigent  have  the  preference. 

The  commissioners  of  insanity,  with  the  consent  of  the  board  of  counties 

having  no 

supervisors  of  any  county  having  insane  persons  and  no  proper  facili-  asylums. 
ties  for  their  care  and  treatment,  may,  with  the  consent  of  the    2727-365'. 
board  of  control,  provide  for  their  care  at  the  expense  of  the  county, 
at  any  convenient  private  or  county  institution. 

No  person  may  be  confined  in  any  private  institution  for  the  Authority  of 

private  asylums 

care  or  treatment  of  the  insane,  except  upon  the  certificate  of  a  to  keep  insane. 

2727-8  66. 

board  of  commissioners  of  insanity  of  some  county  in  the  state,  or  of 
two  reputable  physicians,  at  least  one  of  whom  must  be  a  bona  fide 
resident  of  the  state. 

The  superintendents  of  the  hospitals  for  the  insane  are  required  Questionable 
immediately  to  notify  the  board  if  there  is  any  question  of  the  2727-8  29. 
propriety  of  the  commitment  or  detention  of  any  patient  received. 

An  insane  person  who  can  not  at  once  be  admitted  to  a  hospital  wtsia^ 
or  whose  case  is  appealed  must  be  suitably  provided  for  by 
commissioners  if  he  can  not  safely  be  allowed  to  go  at  liberty.  He 
may  be  cared  for  as  a  private  patient  by  relations  or  friends  who  will 
provide  for  him  without  public  charge.  In  such  case,  the  commis- 
sioners must  appoint  some  suitable  person  special  custodian.  In 
the  case  of  public  patients,  the  commissioners  must  require  that 
they  be  cared  for  by  the  board  of  supervisors  at  the  expense  of  the 
county.  On  application  in  behalf  of  persons  alleged  to  be  insane, 
whose  admission  to  the  hospital  is  not  sought,  asking  for  their  care 
as  insane  within  the  county,  the  commissioners,  on  proof  of  their 
insanity  and  need  of  care,  may  provide  for  them,  as  in  case  of  other 
applications. 

No  person  who  is  found  to  be  insane  may,  pending  admission  to 
the  hospital,  be  confined  in  any  jail  or  place  of  solitary  confinement, 2266< 
except  in  cases  of  extreme  violence;  and  in  such  a  case  there  must  at 
all  times  be  a  suitable  person  in  charge  of  him.  At  no  time  may 
any  female  be  placed  in  such  confinement  without  at  least  one 
female  attendant  remaining  in  charge  of  her. 

c.  Voluntary  admission. 


IOWA 


76 


Commission 
of  inquiry. 


Paid  by  the 
county  or  the 
state. 

Supplement. 
23083. 


fffidamtnt  and  d.  Appeal  from  commitment.  On  a  statement  in  writing,  verified 
by  affidavit,  addressed  to  a  judge  of  the  district  court  of  the  county 
in  which  the  hospital  is  situated,  or  of  the  county  in  which  any  person 
confined  in  a  hospital  has' his  legal  settlement,  alleging  that  he  is  not 
insane,  the  judge  must  appoint  a  commission  of  not  more  than  three 
persons  to  inquire  into  the  merits  of  the  case  one  of  whom  must  be 
a  physician,  and  if  two  or  more  are  appointed,  another  must  be  a 
lawyer.  They  must  forthwith  report  to  the  judge  the  result  of  their 
examination  and  accompany  it  by  a  statement  of  the  case,  made  and 
signed  by  the  superintendent.  If  the  judge  finds  the  person  not  in- 
sane, he  must  order  his  discharge;  if  the  contrary,  he  must  authorize 
his  continued  detention.  The  applicant  must  pay  the  costs  of  the 
inquiry  if  the  judge  finds  that  the  application  was  made  without 
probable  ground.  A  commission  of  inquiry  may  not  be  repeated 
oftener  than  once  in  six  months  in  regard  to  the  same  person,  nor 
may  a  commission  be  appointed  in  the  case  of  any  patient  within  six 
months  of  the  time  of  his  admission. 

e.  Cost  of  commitment.  The  expenses  of  the  arrest,  care,  in- 
vestigation and  commitment  of  an  insane  person  without  a  legal 
settlement  including  the  costs  of  appeal,  if  one  is  taken  and  the 
person  is  found  to  be  insane  on  appeal,  are  paid  in  the  first  instance 
by  the  county  in  which  the  person  is  found  to  be  insane.  If  he  has  a 
legal  settlement  in  another  county  of  the  state,  the  expenses  are  to 
be  paid  by  that  county.  If  the  person  has  no  legal  settlement  within 
the  state,  the  expenses  are  paid  by  the  state. 

4.  CONVEYING  PATIENTS  TO   THE   HOSPITAL 

Unless  the  patient  or  some  one  in  his  behalf  appeals  the  case  to 
the  district  court,  the  commissioners  of  insanity  must  direct  the 
sheriff  to  deliver  him  to  the  hospital  together  with  all  the  documents 
in  the  case,  or  may  appoint  some  other  suitable  person.  No  female 
may  be  taken  to  the  hospital  without  the  attendance  of  some  other 
female  or  some  relative.  The  superintendent,  in  his  acknowledg- 
ment of  delivery,  must  state  whether  there  was  any  such  person  in 
attendance.  Any  relative  or  immediate  friend  of  the  patient,  who  is 
a  suitable  person,  has  the  privilege  of  executing  the  warrant  in  prefer- 
ence to  the  sheriff  or  any  other  person. 

5.  TRANSFER   OF   PATIENTS 

care'to  hos^tai      Insane  persons  who  have  been  under  care  outside  of  the  hospital 
2274-  by  authority  of  the  commissioners  of  any  county  may,  on  applica- 

tion, be  transferred  to  the  hospital  on  their  warrant.  The  admis- 
sion may  be  had  without  another  inquest  at  any  time  within  six 
months  after  the  inquest  already  had. 


Code. 

2266. 


Female 

attendant. 


77  IOWA 

When  the  board  of  control  finds  that  any  patient  cared  for  at  Removal  of 

patients  from 

public   expense  in  any  private   hospital   or  county  institution 


violent  and  his  case  acute,  it  may  remove  him  to  a  state  hospital  at 
the  expense  of  the  proper  county.  In  like  manner,  when  the  board 
finds  a  chronic  patient  in  a  state  hospital,  it  may  order  the  county 
to  which  he  is  chargeable  to  remove  him  to  a  county  or  private 
institution  for  the  insane,  but  not  without  the  written  consent  of 
his  immediate  relatives  or  of  the  commissioners  of  insanity  of  the 
county  to  which  he  is  chargeable. 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

Any  patient  who  is  cured  must  immediately  be  discharged  by 
superintendent  and  furnished  with  a  certificate  to  that  effect,  a  copy 
of  which  is  to  be  forwarded  to  the  clerk  of  the  district  court  of  the 
county  from  which  the  patient  was  committed.  The  record  is 
prima  facie  evidence  of  his  recovery  and  restores  him  to  all  his  civil 
rights.  The  relatives  of  any  patient  not  susceptible  of  cure  by 
remedial  treatment  in  the  hospital,  and  not  dangerous  to  be  at 
large,  have  the  right  to  take  charge  of  and  remove  him.  No  patient 
under  criminal  charge  or  conviction  may  be  discharged  without  the 
order  of  the  district  court  and  notice  to  the  county  attorney. 

7.  COST   OF   MAINTENANCE 

Indigent  patients  are  maintained  at  the  expense  of  the  county  i 
which  they  have  a  legal  residence.     If  they  have  no  such  residence  Chap-  £>7 
they  are  charges  upon  the  state. 

When  the  superintendent  of  the  hospital  has  been  notified  that  a  Co^t 
patient  sent  to  the  hospital  from  one  county  has  a  legal  settlement  in 
another  county,  he  must  thereafter  hold  and  treat  such  patient  as 
from  the  latter  county;  and  such  holding  applies  to  expenses  already 
incurred  in  behalf   of   such  patient   and   remaining   unadjusted. 
Patients  in  a  hospital  having  no  legal  settlement  in  the  state,  or    "83- 
whose  legal  settlement  can  not  be  ascertained,  are  supported  at  the 
expense  of  the  state. 

The  estates  of  insane  persons  and  of  their  relatives  are  liable  for  Non-in 
their  support  ;  and  the  auditors  of  the  several  counties  are  authorized 
and  empowered  to  collect  from  the  property  of  such  patients,  or  from 
any  person  legally  bound  for  their  support,  any  sums  paid  by  the 
county  in  their  behalf. 

The  estates  of  all  patients  in  state  hospitals  for  the  insane  who  are  j*jj  ^g1 
nonresidents  of  this  state,  and  all  persons  legally  bound  for  their 
support  are  liable  for  the  reasonable  value  of  the  care  and  treatment 
of  such  patients  while  in  the  hospitals. 

The  relatives  or  friends  of  any  patient  jn  a  hospital  have  the  Co^ 
privilege  of  paying  any  portion  or  all  of  the  expenses. 


IOWA 


78 


Commitment 
of  insane 
prisoners. 


2280. 


Insane 
convicts. 
5709. 


8.  CRIMINAL  INSANE 

In  the  case  of  a  defendant  whose  sanity  is  doubted  at  any  stage  of 
the  trial  of  a  criminal  prosecution,  the  proceedings  must  be  sus- 
pended and  a  trial  had  upon  the  question  of  insanity.  If  the  ac- 
cused is  found  insane  and  his  discharge  is  dangerous  to  public  peace, 
the  court  must  order  him  committed  to  the  department  for  criminal 
insane  at  the  state  penitentiary. 

If  the  defendant  is  acquitted  on  the  ground  of  insanity  and  his 
discharge  is  dangerous,  the  court  must  order  him  confined  in  a  hospi- 
tal for  the  insane  or  retained  in  custody  until  he  becomes  sane. 

On  a  sworn  application  made  by  any  citizen  stating  that  a  person 
confined  in  any  prison  within  the  county  charged  with  a  crime,  but 
not  convicted  thereof  nor  on  trial  therefor,  is  insane,  the  com- 
missioners of  insanity  must  have  the  prisoner  brought  before  them, 
and  if  they  find  that  he  is  insane,  they  must  direct  his  removal  to  one 
of  the  hospitals  for  the  insane,  and  the  superintendent  of  the  hospital 
designated  must  receive  and  keep  him  as  a  patient.  After  an  in- 
vestigation such  as  contemplated  in  this  section,  the  commissioners 
may  not  entertain  a  like  application  within  six  months  on  behalf  of 
the  same  person.  When  any  insane  person  is  thus  confined,  the 
superintendent,  as  soon  as  such  person  is  restored  to  reason,  must 
return  him  to  the  jail  of  the  county  from  which  he  was  received. 

A  convict  confined  in  either  of  the  state  penitentiaries  who  be- 
comes insane  must  be  confined  in  the  department  for  the  insane  at 
the  state  penitentiary  until  he  has  served  out  his  sentence  or  is 
pronounced  cured,  in  which  latter  event  he  must  be  held  in  the 
penitentiary  to  serve  out  his  unexpired  sentence. 


79 
KANSAS 

Authorities : 

General  Statutes,  1915 
Laws  of  Kansas,  1917 

i.  ADMINISTRATION  AND   SUPERVISION 

a.  General.     The  board  of  administration  of  state  charitable  in- 
stitutions  is  composed  of  three  members  appointed  by  the  governor 
for  terms  of  four  years,  at  a  salary  of  S3, 500  per  annum.     The 
board  administers  and  enforces  the  laws  relating  to  the  insane  and 
their  treatment  in  or  out  of  hospitals,  and  has  power  to  make  rules 
and  regulations  in  regard  to  the  licensing,  visitation,  and  inspection 
of  all  private  institutions  for  the  insane;  the  forms  to  be  observed 
in  regard  to  the  commitment,  transfer,  custody  and  discharge  of 
insane  persons;  the  reports  and  information  to  be  furnished  by 
superintendents  and  other  executives  of  all  institutions  for  the 
insane.     The  board  must  visit  the  state  hospitals  at  least  once  a 
month  and  make  an  annual  report  to  the  governor  and  biennial 
report  to  the  legislature. 

The  state  hospital  for  the  dangerous  insane  is  under  the  board 
of  administration,  and  the  physician  of  the  state  penitentiary  is 
its  medical  superintendent. 

No  person  or  physician  may  establish  a  private  hospital  for 
care  or  treatment  of  the  insane  for  compensation  without  first 
obtaining  a  license  from  the  state  board  of  administration.     The 
application  for  it  must  be  accompanied  by  a  plan  of  the  premises 
to  be  occupied.     Before  granting  any  such  license,  the  board  must 
have  visited  the  premises  to  be  licensed.     The  board  may  make    s>63°- 
such  terms  and  regulations  in  regard  to  a  license  as  it  deems  nec- 
essary, and  may  revoke  the  license  of  any  private  hospital  or  insti- 
tution for  due  reasons.     Conducting  a  private  hospital  or  institution    9*31. 
without  a  license  is  a  misdemeanor  punishable  by  a  fine  of  ten  dol- 
lars for  each  day  the  institution  is  carried  on  in  violation  of  law. 
The  county  attorney  of  the  proper  county  must  proceed  against  the 
offender. 

b.  Institutional.     There  are  no  local  boards  of  trustees.     The  superintend- 
board  of  administration,  with  the  consent  of  the  governor,  must 
appoint  a  superintendent  or  executive  officer  of  each  hospital  for  the 
insane.     Such  superintendent  must  have  at  least  two  years'  ex- 
perience as  superintendent  in  a  similar  institution  or  be  a  specialist  in 
nervous  diseases.     The  board  fixes  the  number   of   subordinate 
employees  and  their  compensation.     The  superintendent,  subject        / 

to  the  rules  and  regulations  of  the  board  of  administration,  has 


KANSAS 


80 


Persons 

excluded. 

9595- 


Petition. 
9597- 


Examination. 


Hearing. 

9598. 


personal  charge  and  supervision  over  his  institution  and  must  make 
his  reports  to  the  state  board  of  control. 

2.  CARE 

a.  In  state  institutions. 

Osawatomie  State  Hospital,  Osawatomie;  established  1866;  '1,365 

beds. 

Topeka  State  Hospital,  Topeka;  established  1875;  1,606  beds. 
Hospital  for   the    Dangerous    Insane   (in   connection   with  state 

penitentiary),  Lansing;  established  1911;  60  beds. 
Larned  State  Hospital,  Lamed;  established  1913;  120  beds. 

b.  In  local  institutions.     Incurable  or  harmless  indigent  insane 
and  those  who  can  not  be  received  by  the  state  hospitals  are  cared 
for  in  the  county  asylums  or  by  the  county  commissioners,  who 
have  control  of  these  institutions,  appoint  the  superintendents  and 
physicians,  and  may  annually  select  a  board  of  visitors. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons,  except  idiots  and 
epileptics,  who  are  residents  of  the  state  are  entitled  to  treatment  in 
the  hospitals  for  the  insane. 

Any  person  whose  mind,  by  reason  of  brain  sickness,  has  become 
unsound,  rendering  him  incapable  of  managing  his  own  estate  or 
dangerous  to  himself  or  others  is  defined  as  insane.  No  person 
idiotic  from  birth,  or  whose  mental  development  was  arrested  by 
disease  or  physical  injury  prior  to  the  age  of  puberty,  and  no  person 
who  is  afflicted  with  simple  epilepsy,  is  regarded  as  insane,  unless  the 
manifestations  of  abnormal  excitability,  violence  or  homicidal  or 
suicidal  impulses  render  his  confinement  in  a  hospital  a  proper 
precaution  to  prevent  him  from  injuring  others  or  himself. 

Insane  persons,  idiots,  imbeciles,  and  epileptics  who  are  com- 
mitted by  the  courts  or  transferred  from  the  penal  institutions  are 
cared  for  in  the  state  hospital  for  dangerous  insane. 

b.  Legal  procedure  in  commitment.     When  a  person  is  supposed 
to  be  insane,  any  reputable  citizen  of  the  town  or  township  in  which 
he  resides  or  is  found  may  file  a  sworn  statement  with  the  probate 
judge  of  the  county  that  the  person  named  is  insane  and  unsafe 
to  be  at  large,  and  that  the  welfare  of  himself  and  others  requires 
his  restraint  or  commitment  to  some  hospital  for  the  insane.     The 
statement  must  be  accompanied  by  the  names  of  two  witnesses. 
If  the  person  alleged  to  be  insane  has  not  been  examined  by  a 
physician,  the   judge   may  appoint  a  qualified  physician  of  the 
county  to  make  an  examination. 

Upon  the  filing  of  the  statement,  unless  the  person  alleged  to  be 
insane  is  brought  before  the  court  without  a  writ,  or  unless  it  is 


esent. 

02. 

trial. 


81  KANSAS 

shown  that  the  condition  of  the  patient  makes  it  improper  to  bring 
him  before  the  court,  the  probate  judge  must  direct  that  he  be 
brought  before  the  court  for  a  hearing.  The  hearing  may  not  take 
place  until  the  person  alleged  to  be  insane  is  notified. 

Inquests  in  lunacy  must  be  by  jury  or  commission,  at  the  discre-T"^9 
tion  of  the  court.     Inquests  must  be  by  the  jury  when  it  is  demanded 
by  the  person  alleged  to  be  insane,  or  by  any  person  acting  in  his 
behalf.     In  such  cases  the  court  must  appoint  competent  counsel  for 
the  person  alleged  to  be  insane. 

When  no  jury  is  demanded  or  a  trial  by  jury  is  not  expedient,  the  by  physician, 
probate  judge  must  appoint  a  commission  of  two  qualified  physicians    9<5o°' 
in  regular  practice  to  make  a  personal  examination  of  the  patient 
and  file  with  the  probate  court  a  sworn  report  of  their  findings. 
The  commission  has  power  to  administer  oaths  and  take  sworn 
testimony.     Inquests  in  lunacy  may  be  in  open  court,  or  in  cham- 
bers, or  at  the  house  of  the  person  alleged  to  be  insane;  the  presence  bepresemust 
of  the  accused  is  indispensable.  96°2- 

A  jury  of  four  persons,  one  of  whom  must  be  a  physician  who  has  J"$*T3i 
been  in  regular  practice  for  three  years  and  of  good  standing,  must 
be  impaneled  when  a  case  is  tried  by  jury.  The  person  alleged  to  be 
insane  must  be  present,  represented  by  counsel,  and  may  challenge 
jurors  as  in  civil  cases.  The  verdict  must  be  signed  by  all  members 
of  the  jury,  and  contain  a  brief  statement  of  the  medical  treatment 
in  the  case,  signed  by  the  physician  .or  physicians  upon  the  jury.  If 
the  person  is  adjudged  to  be  insane  and  a  fit  person  to  be  sent  to  a 
hospital,  the  court  must  order  his  commitment.  If  not  satisfied 
with  the  findings  of  the  jury  or  commission,  the  probate  judge  may 
set  them  aside,  and  dismiss  the  proceedings  or  order  another  in- 
quest. The  order  entered  by  the  judge  in  accordance  with  the  °0r^f of 
findings  of  the  jury  or  commission  may  -discharge  the  patient  with  or  96o6< 
without  conditions  or  remand  him  to  the  custody  of  his  friends,  or 
commit  him  to  some  hospital,  public  or  private,  in  the  state,  or  to  a 
county  insane  asylum  or  the  insane  department  of  a  county  alms- 
house  in  the  county  where  the  alleged  insane  person  resides. 

Insane  persons  may  be  committed  to  private  hospitals  or  in- ^0™^1at 
stitutions  in  the  same  manner  as  to  a  state  hospital  for  the  insane,  o 
on  examination  and  certification  by  a  physician  chosen  by  the  state 
board  of  administration.     Such  physicians  are  appointed  in  differ- 
ent parts  of  the  state  to  serve  during  the  board's  pleasure  and  re- 
ceive five  dollars  for  each  certificate. 

The  probate  judge,  in  selecting  a  private  asylum  in  cases  adjudged 
insane  in  his  court,  must  be  governed  by  the  wishes  of  the  friends 
and  relatives  of  the  insane  person.  No  county  can  recover  for  the 
care  of  an  insane  person  confined  in  a  private  hospital  unless  he  first 


KANSAS 


82 


Nonresidents 
in  private 
institutions. 
9624. 


Application 
for  guardian. 
9607. 


Order  for 

admission. 

9604- 


To  the 

district  court. 
9606. 

9618. 


County 
patients. 
9621. 

Private 

patients. 

Non-insane. 


Nonresidents 
of  county. 


has  been  refused  admission  to  one  of  the  state  hospitals  for  want  of 
room,  and  then  only  at  the  rate  of  $2  a  week. 

Insane  persons  not  residents  of  the  state  may  not  be  detained  in 
any  private  institution  in  this  state  unless  committed  in  accordance 
with  the  laws  of  the  state  or  territory  of  which  they  are  residents  or 
with  the  laws  of  this  state. 

Any  person  filing  application  for  an  inquest  in  the  case  of  a  person 
possessed  of  any  estate  may  at  the  same  time  apply  for  the  appoint- 
ment of  a  guardian  for  him. 

Having  ordered  an,insane  person  committed  to  a  state  hospital, 
the  probate  judge  must  without  delay  make  application  to  the  board 
of  administration  for  his  admission,  transmitting  with  the  applica- 
tion a  copy  of  the  report  of  the  examining  physician  and  the  verdict 
of  the  jury  or  commission,  under  his  signature,  and  the  board  must 
designate  the  hospital  to  which  he  shall  be  conveyed. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     Appeals  may  be  made  to  the  dis- 
trict court  from  any  order  or  judgment  rendered,  upon  the  appellant 
giving  such  bond  and  security  as  the  court  may  direct.     Appeal 
from  commitment  may  be  made  on  behalf  of  any  person  committed 
as  insane,  and  the  question  must  be  decided  by  the  probate  court 
after  inquiry,  with  or  without  a  jury.     Such  inquiry  may  not  be  held 
oftener  than  once  in  six  months  in  regard  to  the  same  person  and  not 
within  six  months  of  the  time  of  the  admission  of  any  patient.     (See 
6.  Parole  and  discharge  of  patients;  habeas  corpus.) 

e.  Cost  of  commitment.     In  case  of  county  patients,  the  costs' 
must  be  paid  from  the  county  treasury;  but  in  case  of  private  pa- 
tients, the  costs  must  be  paid  by  the  guardian  or  relatives  of  the 
insane  out  of  his  estate.     When  a  person  is  found  to  be  sane,  the 
court  may  require  that  the  costs  be  paid  by  the  person  who  filed 
the  statement.     When  any  person  residing  in  the  state  is  adjudged 
insane  by  the  probate  court  of  any  county  of  which  he  is  not  a  resi- 
dent, the  probate  judge  of  the  county  in  which  the  person  resides 
must  be  furnished  with  a  transcript  of  the  record  and  findings  in  the 
case,  whereupon  the  county  becomes  liable  for  the  costs  of  proceed- 
ings,  transportation,   clothing  and   other   incidental   expenses  of 
commitment. 


4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

If  any  competent  relative  or  friend  of  a  person  committed  to  a 
hospital  for  the  insane  requests  the  warrant  of  commitment,  it  must 
be  delivered  to  him  for  service.  In  committing  female  patients  to 
the  state  hospital,  unaccompanied  by  some  relative,  the  probate 


83  KANSAS 

judge  must  appoint  a  female  attendant  to  accompany  the  sheriff 
other  person  to  whom  the  warrant  of  commitment  is  delivered. 

5.  TRANSFER   OF  PATIENTS 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

The  board  of  administration  may  release  patients  on  parole. 

Authority  to  discharge  patients  from  any  of  the  state  institutions  administration, 
for  the  insane  is  vested  in  the  state  board  of  administration,  but  may 
be  delegated  to  the  respective  superintendents.     Discharges  may  be  fendents"1" 
made  because  the  person  is  not  insane,  or  because  he  has  recovered,  Discharge*01 
or  because  he  has  so  far  improved  as  to  be  capable  of  caring  for  him- 
self, or  because  the  friends  of  the  patient  request  his  discharge  and 
in  the  judgment  of  the  superintendent  no  evil  consequences  are 
likely  to  follow,  or  because  there  is  no  prospect  of  further  improve- 
ment and  the  room  is  needed  for  others.     No  patient  who  is  violent,  J 
dangerous  or  unusually  troublesome  or  filthy  may  be  discharged  from 
any  state  institution  and  sent  back  to  any  county  farm,  almshouse 
or  insane  department  of  any  almshouse  not  provided  with  suitable 
conveniences  and  facilities  for  his  care.     No  patient  who  has  not 
recovered  his  reason  or  who  is  charged  with  crime  may  be  discharged 
until  at  least  ten  days'  after  notice  has  been  given  to  the  probate 
judge  to  make  some  order  in  regard  to  the  disposition  of  the  patient. 

Any  relative  or  friend  of  a  patient  admitted  to  a  private  institu- 
tion  may  apply  for  his  discharge  to  its  superintendent;  and,  in  case  9<535- 
the  superintendent  refuses  to  grant  it,  may  apply  to  the  probate 
court  of  the  county  where  the  institution  is  located,  which  court  has 
authority  to  hear  the  application,  and  may  discharge  the  patient  or 
not. 

Upon  proper  notice* that  a  patient  committed  on  his  order 
been  discharged  as  cured,  the  probate  judge  must  order  the  patient    96l?- 
restored  to  all  his  rights  as  a  citizen.     At  any  time  subsequent  to 
the  discharge  of  a  patient  not  recovered,  the  probate  judge  of  the 
county  may  hear  the  evidence  tending  to  show  that  such  patient 
has  recovered,  and  if  satisfied  of  his  recovery,  may  make  a  similar 
order,  and  thereafter  the  patient  is  not  liable  to  commitment  to  any 
hospital  for  the  insane  without  a  new  inquest. 

An  insane  inmate  of  a  county  asylum  for  the  poor  may  be  dis-  ^ 
charged  by  the  county  commissioners  to  friends  who  are  willing  and 
able  to  care  for  him. 

A  writ  of  habeas  corpus  may  be  presented  by  any  person  who,  ^eas  corpus, 
under  any  pretense,  is  restrained  of  his  liberty. 


KANSAS 


84 


9609. 


Rebate  tc 
-county. 
9610. 


Private 

patients. 

9612. 


7.  COST  OF  MAINTENANCE 

Patients  committed  to  any  state  hospital  for  the  insane  must 
be  designated  either  as  private  or  county  patients.  The  probate 
judge  must  transmit  to  the  superintendent  of  the  hospital  a  state- 
ment showing  the  financial  condition  of  a  patient  committed  by  him, 
and  of  the  persons  bound  in  law  to  maintain  him.  Each  county  is 
entitled  to  receive  from  the  state  a  sum  not  to  exceed  $2  a  week 
for  each  destitute  insane  person  in  the  county  whose  admission  to  the 
state  hospital  has  been  refused  for  want  of  room  or  who  has  been 
discharged  from  the  state  hospital  to  make  room  for  another  patient. 
No  private  patient  may  be  received  into  any  state  hospital"  for  the 
insane  unless  there  has  been  filed  with  the  superintendent  a  bond 
with  sufficient  sureties,  approved  by  the  probate  judge  for  the  pay- 
ment of  all  incidental  expenses  incurred  by  the  institution  on  his 
account. 


Examination 
of  convicts. 
Laws  of  1911, 
Chap.  299, 


Transfer  of 

insane 

convicts. 


Transfer  of 
dangerous 
inmates. 
3- 


Insane 
persons  und 
indictment. 


8.  CRIMINAL  INSANE 

When  a  person  confined  in  the  state  penitentiary,  the  state 
industrial  reformatory,  or  any  other  penal  institution  in  the  state 
is  alleged  to  be  insane,  the  warden,  superintendent  or  other  per- 
son in  charge,  with  the  consent  of  the  board  in  charge  of  the 
penal  institution,  must  cause  the  person  to  be  examined  by  the 
probate  court  of  the  county  in  which  he  is  confined,  as  in  the  case  of 
other  insane  persons.  If  he  is  found  insane,  he  must  be  transferred 
by  the  order  of  the  probate  court  to  the  state  hospital  for  the  danger- 
ous insane.  If  his  sanity  is  restored  before  the  period  of  his  com- 
mitment to  the  penal  institution  has  expired,  he  must  be  removed  to 
the  institution  from  whence  he  came,  there  to  complete  the  period  of 
his  sentence.  The  period  for  which  he  is  removed  is  counted  as  a 
part  of  the  term  of  the  confinement.  If  the  insanity  continues 
after  the  expiration  of  his  sentence,  he  must  be  detained  in  the 
hospital  until  his  sanity  is  restored. 

Any  inmate  of  a  state  hospital  or  asylum  for  the  insane  or  epileptic, 
or  the  home  for  feebleminded  found  by  the  state  board  of  adminis- 
tration to  have  homicidal  tendencies,  or  to  be  under  sentence  or 
indictment  or  information,  or  whose  presence  is  dangerous  to  the 
other  inmates  of  said  institution,  must  be  transferred  to  the  state 
hospital  for  the  dangerous  insane. 

Any  person  under  indictment  or  information  found  by  the  court 
or  by  commission  or  another  jury  impaneled  for  the  purpose  of 
trying  such  question,  to  be  insane,  an  idiot  or  an  imbecile,  must  be 
forthwith  committed  to  the  state  hospital  for  the  dangerous  insane 
for  safe-keeping  and  treatment  until  he  has  recovered,  when  he  must 


85  KANSAS 

be  returned  to  the  court  from  which  he  was  received  to  be  placed  on 
trial  upon  said  indictment  or  information. 

When  during  the  trial  of  any  person  on  an  indictment,  or  in- 
formation,  evidence  is  introduced  to  prove  that  he  was  insane,  ancr™e- 
idiot  or  imbecile  at  the  time  of  the  commission  of  the  offense  and  he 
is  acquitted  on  that  ground,  the  jury  or  the  court  must  so  state  in 
the  verdict  and  the  court  must  thereupon  commit  him  to  the  state 
hospital  for  the  dangerous  insane.  No  person  thus  acquitted  may 
be  liberated  from  the  hospital,  except  upon  the  order  of  the  court 
committing  him,  and  until  the  superintendent  certifies  that  in  his 
opinion  he  has  wholly  recovered. 


86 


State   board   of 

control. 

Statutes. 


Appointm 
of  officers 


ent 
fficers. 


Superintend- 
ent. 
343. 


KENTUCKY 

Authority : 

Statutes  of  Kentucky,  1915 

i.  ADMINISTRATION    AND    SUPERVISION 

a.  General.     The  state  board  of  control  consists  of  four  members, 
two  from  each  of  the  two  leading  political  parties,  appointed  by  the 
governor  for  a  term  of  four  years.     Members  of  the  board  must  be  at 
least  25  years  old,  and  have  been  citizens  of  the  state  for  the  last 
five  years  preceding  their  appointment.     A  bond  of  $25,000  is 
required  of  each  commissioner.     Each  member  receives  a  salary  of 
$2,500  a  year  and  his  necessary  traveling  expenses. 

The  board  has  under  its  control  the  three  state  hospitals  for  the 
insane  and  the  feebleminded  institute.  It  must  hold  regular  meet- 
ings at  each  of  the  institutions  at  least  once  in  each  month,  and 
make  a  thorough  examination  of  the  affairs,  management,  property, 
clothing,  food,  supplies,  condition  of  buildings  and  grounds,  and  the 
conduct  of  every  official  and  employee,  of  which  it  must  make  a 
complete  record,  together  with  such  rules  and  regulations  as  it 
may  give.  The  board  must  ascertain  whether  the  objects  of  the 
institutions  are  being  properly  accomplished  and  the  laws  in  relation 
to  them  fully  complied  with,  and  make  an  annual  report  to  the  gov- 
ernor and  a  biennial  report  to  the  governor  and  general  assembly. 

The  board  of  control  must  appoint  at  each  hospital,  for  terms  of 
four  years,  a  medical  superintendent,  a  first,  second  and  third  as- 
sistant physician,  each  of  whom  must  be  a  skillful  and  competent 
physician,  who  has  practiced  his^  profession  at  least  three  years 
(provision  is  made  for  the  appointment  of  a  woman  physician  to  each 
hospital)  and  a  steward.  The  board  may  remove  them  for  cause. 

b.  Institutional.    There  are  no  local  boards  of  trustees  for  the  state 
hospitals.    The  medical  superintendent  has  the  general  management, 
supervision  and  control  of  the  patients,  subject  to  the  regulations  of 
the  board  of  control.     (His  duties  in  regard  to  keeping  records  of 
patients,  their  condition,  treatment,  etc.,  are  prescribed  by  law  in 
detail.)     He  must  make  monthly  reports  to  the  board  of  control  of 
the  number  of  deaths  among  the  patients,  and  their  causes,  and  of  all 
escapes,  recoveries  and  removals  of  patients.     The  superintendent 
appoints  all  inferior  officers  and  employees  not  otherwise  provided  for 
and  may  remove  any  of  them  at  pleasure. 

2.  CARE 

a.  In  state  institutions. 

Eastern  State  Hospital,  Lexington;  established  1824;  1,065  beds. 
Western  State  Hospital,  Hopkinsville ;  established  1854;  1,200  beds. 
Central  State  Hospital,  Lakeland;  established  1873;  1,400  beds. 


87  KENTUCKY 

The  statutes  require  that  white  and  negro  patients  shall  be  cared 
for  in  separate  departments. 

b.  In  local  institutions.  Each  county  poorhouse  must  provide 
for  the  care  of  the  harmless  incurable  insane  and  such  other  patients 
as  may  not  be  received  at  the  state  hospitals.  The  poorhouses  are 
under  the  control  of  the  county  courts. 

3.  COMMITMENT 

a.  Persons    committed.     All    insane    persons,     except    idiots, 
epileptics  and  the  harmless  incurable,  having  a  legal  settlement  in 
some  county  are  entitled  to  admission  to  the  state  hospitals  for 
treatment  at  the  state's  expense. 

All  pauper  idiots,  epileptics  and  harmless  incurable  insane  persons, 
must  be  returned  by  the  hospitals  to  the  several  counties  from  which  247t 
they  were  sent  and  given  into  the  custody  of  their  friends  if  any;  if 
not,  then  to  the  county  judge,  or,  if  they  are  residents  of  and  sent 
from  the  city  of  Louisville,  then  to  the  mayor  of  that  city  who  must 
make  suitable  provision  for  their  support.  The  hospitals  must  also 
return  each  paying  patient  of  the  aforesaid  classes  to  his  county  of 
residence,  or  whence  he  came. 

When  upon  application  to  the  proper  hospital  a  patient  is  rejected    250< 
for  want  of  room,  immediate  application  must  be  made  to  another. 
The  board  of  control  must  take  care  that  each  of  the  hospitals  is 
kept  full  to  its  utmost  capacity  of  such  patients  as  are  receivable  by 
it  as  long  as  any  of  them  in  the  state  are  unprovided  for.     Resident 
patients  always  have  preference  over  pay  patients  from  other  states,    253> 
and  any  patient  found  insane  must  be  received. 

b.  Legal    procedure    in    commitment.     Inquests    to    determine  ^Ig- 
whether  a  person  is  of  unsound  mind  (idiot,  lunatic,  non  compos) 
must  be  held  by  the  circuit  court  of  the  county.     If  no  circuit  court 

is  in  session  in  the  county,  the  inquest  may  be  held  by  a  judge  of  a 
circuit  court  or  by  the  presiding  judge  of  the  county  court;  but  in 
no  case  may  an  inquest  upon  an  idiot  be  held  except  in  the  circuit 
court.  The  judge  may  make  all  orders  for  the  care  of  the  person 
found  to  be  of  unsound  mind  or  imbecile  or  incompetent  to  manage 
his  estate,  and  must,  if  necessary,  make  all  orders  for  the  appoint- 
ment of  a  committee  and  the  security  -of  the  estate  and  care  of  the 
person  in  question.  The  judge  holding  the  inquest  may  order  a 
person  found  insane  to  the  state  hospital;  but  in  no  case  may  an 
order  be  made  to  send  an  idiot  to  a  state  hospital  unless  the  jury, 
by  their  verdict,  finds  that  he  is  so  dangerous  or  uncontrollable  that 
he  can  not  properly  or  safely  be  kept  by  a  committee  at  home. 

The  personal  presence  of  the  person  charged  with  being  of  unsound  Examination, 
mind  is  required,  unless  it  shall  appear  by  the  oath  or  affidavit  of 


KENTUCKY  88 

two  regular  practicing  physicians,  that  they  have  personally  ex- 
amined him  and  find  him  to  be  insane,  and  that  his  condition  is  such 

J^y^p*1-        that  he  would  be  unsafe  to  bring  into  court.     The  case  must  be  heard 

Juaig59?nt'  before  a  jury.  If  the  judge  is  satisfied  with  the  inquest,  judgment 
must  be  entered  accordingly,  or  he  may  order  the  inquest  set  aside  if 
he  finds  it  contrary  to  law  or  not  sustained  by  the  evidence,  and 
order  a  new  inquest. 

Reai6o'  Whenever  it  appears  to  the  county  or  circuit  court  from  an  affida- 

vit filed  that  a  person  found  of  unsound  mind  has  been  restored  to 
his  proper  senses,  or  that  the  inquest  was  false  or  fraudulent,  the 
court  must  direct  the  facts  to  be  inquired  into  b"y  a  jury  in  open  court, 
and  make  all  necessary  orders  or  decrees  in  the  premises. 

Hi2i67°fcase'      When  a  person  has  been  found  to  be  insane,  the  presiding  judge 
must  endeavor  to  ascertain  and  draw  up  a  brief  history  of  the 
patient's  case,  covering  certain  specified  points,  and  transmit  the 
same  to  the  hospital  to  which  the  patient  is  sent. 
«?a  33.  c.  Voluntary  admission. 

d.  Cost  of  commitment.  The  expense  of  committing  and  trans- 
porting indigent  patients  is  paid  by  the  state  unless  they  have 
sufficient  estate. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

AtS!?7?S"  ^e  circuit  court  or  county  judge  ordering  any  person  to  be  sent 

to  a  hospital  for  the  insane  must  notify  the  superintendent,  advising 
him  of  the  sex  and  condition  of  the  person,  and  the  superintendent 
must  immediately  send  a  competent  attendant  to  convey  such  person 
to  the  institution. 

5.  TRANSFER  OF  PATIENTS 

6.  PAROLE    AND    DISCHARGE    OF    PATIENTS 

parole.  rpne  superintendents  of  the  several  hospitals  may  permit  the 

family  or  friends  of  patients,  whose  condition  of  mind  and  health  is 
such  that  they  may  be  taken  care  of  and  treated  properly  outside  of 
the  hospital,  to  be  removed  from  it,  either  permanently  or  for  such 
length  of  time  as  the  superintendents  may  deem  prudent.  No 

Di!s5?rge'  patient  may  be  discharged  as  cured  except  by  the  authority  of  the 
superintendent.  Any  cured  patient  who  was  admitted  to  the 
hospital  while  in  custody  or  upon  a  criminal  charge,  must  be  delivered 
to  the  keeper  of  the  penitentiary  or  to  the  jailer  of  the  county  whence 
he  came.  A  cured  pauper,  before  being  discharged,  must  be  fur- 
nished with  clothes  and  enough  money  to  pay  his  traveling  expenses 
to  his  home. 


89  KENTUCKY 

7.  COST   OF  MAINTENANCE 

A  pauper  idiot  or  insane  person,  who  has  been  found  so  by  the  ver-  ^e.by  ** 
diet  of  a  jury,  or  committed  by  order  of  court  and  who  has  no  estate    2I7a  I4> 
sufficient  for  his  support  and  no  relatives  liable  for  his  support,  must 
be  cared  for  in  a  state  hospital  at  the  expense  of  the  state. 

When  the  patients  supported  in  the  state  hospitals  acquire  °0°ntrroi°{nay 
estates  which  can  be  subject  to  debt,  the  board  of  control  must  sue 
for  and  recover  the  amount  of  such  patient's  board  at  the  rate  of 
$150  per  year,  or  so  much  of  it  as  the  estate  will  suffice  to  pay.  The 
board  of  control  must  sue  for  and  recover  from  persons  liable  for  the 
support  of  patients  provided  they  have  sufficient  estates. 

Pay  patients  are  charged  a  fixed  sum  per  annum  to  be  paid  in  Pa/5  Patients- 
advance  for  the  first  six  months,  and  security  must  be  furnished  for 
payment  for  the  remainder  of  the  time  they  may  be  in  the  hospitals. 
But  if  the  patient  be  discharged  or  die  before  the  expiration  of  the 
six  months  paid  for,  a  proper  proportion  of  the  amount  paid  must 
be  refunded. 

8.  CRIMINAL  INSANE 

When  the  sanity  of  a  person  appearing  for  trial  is  questioned, 
or  a  defendant  alleges  insanity  as  a  cause  against  judgment,  a  jury 
of  twelve  must  determine  the  question.  If  found  insane,  the 
defendant  may  be  kept  in  prison  or  county  jail  or  conveyed  to  the 
nearest  state  hospital  at  the  discretion  of  the  court.  If  sent  to  the  *53' 
state  hospital,  the  accused  must  be  returned  to  the  sheriff  upon 
demand. 

A  defendant  acquitted  on  the  ground  of  insanity  may  be  com- 
mitted by  the  court  to  a  state  hospital. 


90 
LOUISIANA 

Authority: 

Marr's  Revised  Statutes  of  Louisiana,  1915 

i.  ADMINISTRATION  AND   SUPERVISION 

charities  a<  General.     The  state  board  of  charities  and  correction  consists 

Rnevi°s°edfction'  °f  s^x  members  who  serve  without  compensation,  appointed  by  the 
Sta79ifs'          governor  for  terms  of  six  years.     The  governor  is  ex-officio  chairman 
of  the  board.     The  duties  of  the  board  are  strictly  visitorial,  without 
administrative  or  executive  powers.     It  has  the  duty  of  inspecting 
all  state  or  local  charitable  and  correctional  institutions.     The 
board  makes  report  to  the  governor  annually  and  to  each  legislature, 
administrators.      &•  Institutional.     Each  of  the  hospitals  for  the  insane  is  governed 
3431-  by  a  board  of  administrators,  consisting  of  eight  members  appointed 

,by  the  governor  with  the  advice  of  the  senate  from  the  state  at 
3432.  iarge  for  terms  of  four  years.     The  governor  is  ex-officio  president  of 

mfttee!ive  c°m"  ^ne  boards.     Each  board  has  an  executive  committee  of  four  mem- 
bers, which  must  visit  its  institution  at  least  monthly. 

|g£  The  boards,  which  must  hold  at  least  four  meetings  a  year  and 

3436.  make    a    full    report    to    the    legislature    at    each    session,    make 

all  rules  and  regulations  for  their  own  government ;  elect  the  super- 
intendents of  the  hospitals,  in  one  case  to  serve  for  four  years;  in 
the  other,  during  good  behavior;  remove  superintendents  for  cause; 
and  determine  the  salaries  of  the  officers.  Superintendents  name 
their  assistant  physicians  and  other  officers,  who  are  subject  to 
removal  by  the  boards  upon  their  recommendation. 

2.  CARE 

a.  In  state  institutions. 

East  Louisiana  Hospital  for  the  Insane,  Jackson;  established  1846; 

1,460  beds  (with  a  ward  for  criminal  insane). 
Louisiana  Hospital  for  the  Insane,    Pineville;    established    1906; 

620  beds. 

b.  In  local  institutions.     The  police  juries  of  the  different  parishes 
have  the  duty  of  caring  for  insane  persons  who  can  not  be  received 
at  the  hospitals  and  may  provide  for  them  on  poor  farms  or  in  homes. 

3.  COMMITMENT 

344°*  a.  Persons  committed.     Indigent  insane  persons,  residents  of  the 

3439t  state,  are  entitled  to  admission  to  the  hospitals  for  the  insane.     The 

board  of  administrators  has  authority  to  receive  patients  not  com- 
mitted by  a  judge  on  such  terms  as  it  may  fix. 

wmpuSnt.  b.  Legal  procedure  in  commitment.     On  written  complaint  or 

information  of  any  respectable  citizen  to  the  judge  of  the  district 


91  LOUISIANA 

court  that  any  insane  person  within  his  jurisdiction  ought  to  be 
sent  to  one  of  the  state  hospitals  for  the  insane,  the  judge  must 
order  the  person  to  be  brought  before  him,  and  summon  two  licensed  Summons- 
and  reputable  physicians,  one  of  whom  must  be  the  coroner  of  the 
parish,  and  the  other  the  physician  of  the  suspected  person,  if  he  has 
any,  neither  of  whom  may  be  related  by  affinity  or  consanguinity  to 
him  or  have  any  interest  in  his  estate.     The  judge  and  the  two 
physicians  constitute  a  commission  to  inquire  whether  the  person  is 
insane  and  a  suitable  subject  for  a  hospital  for  the  care  and  treat- 
ment of  insane  persons;  and  for  that  purpose  the  judge  must  summon 
witnesses  who  know  the  person  suspected  of  insanity.     The  phy- Wltnesses- 
sicians  in  the  presence  of  the  judge  must  by  personal  examination 
satisfy  themselves  and  the  judge  as  to  the  mental  condition  of  the  Exammation- 
suspected  person.     If  the  two  physicians  do  not  agree,  the  judge  commitment, 
determines  the  issue.     (The  recorders  of  the  city  court  of  New 
Orleans  may,  however,  commit  insane  persons.)     The  coroner  must    3469> 
ascertain  all  necessary  facts  to  enable  him  to  answer  the  questions 
prescribed  in  the  form  of  certificate. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment. 

e.  Cost  of  commitment.     The  expense  of  examining  and  convey-    3469< 
ing  an  insane  person  to  the  hospital  is  paid  out  of  the  parish  treasury. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

Upon  a  warrant  by  the  committing  judge,  the  sheriff  has  the  duty    3469> 
of  conveying  an  insane  person  to  the  hospital. 

5.  TRANSFER  OF  PATIENT 

The  boards  of  administrators  through  their  executive  committees  By3$J3board> 
may  in  their  discretion  transfer  inmates  from  one  to  the  other 
hospital. 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

Authority  to  discharge  patients  upon  recovery  or  for  other  causes 
is  vested  in  the  superintendents,  subject  to  the  order  of  the  re- 
spective boards. 

7.  COST  OF  MAINTENANCE 

Except  that  patients  who  are  not  committed  by  a  judge  may  be  J^^t^id  by 
received  on  terms  fixed  by  the  hospital  boards,  there  is  no  charge  for    3440. 
the  maintenance  of  patients  at  the  state  hospitals. 


LOUISIANA  92 

8.  CRIMINAL  INSANE 

cf°^™nment        When  a  person  arrested  for  a  crime  or  misdemeanor  before  any 

Scquhted  of      court  of  the  state  is  acquitted  by  the  jury,  or  not  indicted  by  the 

cri3476.  grand  jury  by  reason  of  insanity,  and  his  liberation  is  deemed  by  the 

court  to  be  dangerous  to  safety,  the  court  is  authorized  to  commit 

him  to  the  hospital  for  the  insane  or  to  a  similar  parish  institution 

until  he  is  restored  to  his  right  mind. 

insa^'Sons0*  ^  any  person  charged  by  affidavit,  information  or  indictmentr 
or  omvicted'of  wth  the  commission  of  any  crime  is  found  to  be  insane  before  trial 
"3471.  or  after  trial  and  conviction,  the  court  must  order  him  to  be  com- 

mitted to  the  ward  for  the  criminal  insane  until  he  has  been  com- 
pletely restored  to  sanity.     If  any  such  person  committed  to  the 
ward  for  the  criminal  insane,  in  the  opinion  of  the  superintendent, 
is  not  insane,  or  when  he  has  been  completely  restored  to  sanity,  he 
cu^to^on       must  be  sent  back  to  the  jail  or  custody  and  held  for  trial,  or  that 
recovery.         sentence  may  be  executed  upon  him.     The  superintendent  of  the 
state  hospital  for  the  insane  must  as  often  as  the  court  requires 
furnish  information  of  the  status  of  the  criminal  insane  during  his 
confinement. 

hospitatVf0          When  a  convict  serving  a  sentence  in  the  penitentiary  becomes 
convkts          insane,  the  general  manager  "of  the  penitentiary  must  petition  the 
3459-  court  where  the  penitentiary  is  located  for  his  removal  to  a  hospital 

for  the  insane.  The  judge  must  hear  and  determine  the  question 
of  the  convict's  insanity  in  the  same  manner  and  by  such  proofs  as 
are  required  by  the  law  for  the  interdiction  of  other  insane  persons. 
If  satisfied  that  the  convict  has  become  insane  during  his  imprison- 
ment, the  judge  must  order  his  removal  to  the  hospital  for  the  insane. 
Upon  recovery,  the  convict  must  be  returned  to  the  penitentiary, 
to  serve  out  the  unexpired  portion  of  his  sentence. 

receive  ofof          When  any  person  confined  in  the  ward  for  the  criminal  insane  has 
to'^sMt^o  recovered  his  sanity,  who  was  not  guilty  of  the  crime  with  which  he 
Cle314*72?  c°urt<  was  cnarSe<i  because  of  insanity,  the  superintendent  of  the  hospital 
for  the  insane  must  notify  the  clerk  of  the  district  court  of  the  parish 
wherein  the  crime  was  committed,  and  the  sheriff  of  that  parish  must 
return  him  to  the  parish  for  trial. 
s     No  person  committed  to  a  state  hospital  for  the  insane  who 


recover^11       became  insane  after  his  conviction  for  a  crime  punishable  by  im- 
3473.  prisonment  in  the  penitentiary  or  by  death,  may  be  restored  to 

liberty  upon  regaining  his  sanity,  but  must  be  delivered  to  the 
custody  of  the  sheriff  of  the  parish  wherein  he  was  convicted  in  order 
that  the  sentence  of  the  court  may  be  executed.  When  any  person 
charged  with  a  felony  necessarily  punishable  in  the  state  penitentiary 
or  by  death,  has  been  adjudged  insane,  before  or  after  trial  or 
conviction,  and  committed  to  a  state  hospital  for  the  insane,  he 


93  LOUISIANA 

must  not  be  discharged  from  the  hospital  for  the  insane  or  delivered 
into  the  custody  of  the  proper  sheriff  until  the  superintendents  of  the 
two  state  hospitals  for  the  insane  and,  in  case  of  their  disagreement, 
a  physician  appointed  by  the  judge  of  the  district  court  from  whence 
the  criminal  insane  person  was  committed,  are  satisfied  after  a 
thorough  examination  that  he  has  been  completely  restored  to  sanity 
and  may  be  discharged  without  danger  to  others. 


94 


Board  of 
charities  and 
corrections. 
Revised 
Statutes, 
ch.  147. 


MAINE 

Authorities: 

Revised  Statutes  of  Maine,  1916 
Laws  of  Maine,  1917 

i.  ADMINISTRATION  AND  SUPERVISION 
a.  General.     The  board  of  charities  and  corrections  consists  of 


Committee  of 
trustees, 
ch.  145. 
i. 


five  persons,  at  least  one  of  whom  must  be  a  woman.  The  members 
are  appointed  by  the  governor,  with  the  consent  of  the  council,  for 
terms  of  five  years.  They  serve  without  compensation  but  receive 
their"  expenses. 

The  board  approves  all  rules  and  regulations  governing  the  ad- 
ministration of  state  institutions.  Meetings  must  be  held  quarterly 
and  oftener  if  required.  Yearly  inspections  must  be  made  of  each 
institution  by  a  member  of  the  board  or  an  agent.  Biennial  re- 
ports must  be  made  to  the  legislature  and  quarterly  reports  to  the 
governor. 

The  state  hospitals  for  the  insane  are  under  the  management  of  a 
committee  of  seven  trustees,  one  of  whom  must  be  a  woman,  ap- 
pointed by  the  governor  with  the  advice  and  consent  of  the  council, 
to  hold  office  during  the  pleasure  of  the  governor  and  council,  but 
not  for  more  than  three  years  under  one  appointment. 

In  addition  to  the  general  care  and  management  of  the  hospitals,, 
the  trustees  are  authorized  to  establish  by-laws  for  their  internal 
government  and  economy,  and  to  appoint  a  superintendent,  steward 
and  treasurer  for  each  hospital,  subject  to  the  approval  of  and  ta 
hold  office  during  the  pleasure  of  the  governor  and  council,  and  all 
other  necessary  officers. 

Each  hospital  must  be  examined  monthly  by  two  trustees,  quar- 
terly by  three,  and  annually  by  a  majority  of  the  full  board,  and 
at  any  other  time  when  they  deem  it  necessary,  or  the  superin- 
tendent requests  it. 

A  committee  of  two,  with  whom  must  be  associated  one  woman,. 
381  are  appointed  by  the  governor  annually  to  visit  both  hospitals  to- 

ascertain  the  treatment  given  the  inmates,  and  they  must  promptly 
report  every  instance  of  abuse  or  ill-treatment  to  the  trustees  and 
superintendent  of  the  hospital. 

superintendent,     jj.    Institutional.     The   superintendent   of   each    hospital   must,, 
among  other  things,  receive  all  patients  legally  sent  to  the  hospital, 
unless  the  number  exceeds  the  accommodations,  and  apportion  the 
*•  number  of  patients  who   can  be  accommodated  in  the  hospitals- 

among  the  towns,  according  to  their  population  at  the  last  census. 
When  applications  for  admission  exceed  or  are  liable  to  exceed  that 


Committee  of 
visitors. 


95  MAINE 

number  of  patients,  he  must  give  preference  to  those  from  towns 
that  have  not  their  full  proportion  of  patients  in  the  hospital,  and  I0- 
may  reject  other-s.  When  a  person  has  been  unlawfully  committed, 
the  superintendent  must  report  the  case  to  the  trustees,  and  they 
may  have  the  person  removed  to  the  town  from  which  he  was 
committed.  The  superintendent,  at  each  monthly  visit  of  the 
trustees,  must  report  to  them  any  inmate  who  was  idiotic  at  the 
date  of  his  commitment,  and  who  has  become  so  imbecile  as  to  be 
beyond  cure,  and  if  he  thinks  that  such  inmate  may  safely  be  dis- 
charged, the  trustees  must  order  his  discharge  and  removal  to  the 
town  by  which  he  was  committed. 

2.  CARE 

a.  In  state  institutions. 

Augusta  State  Hospital,  Augusta;  established  1840;    1,000  beds. 
Bangor  State  Hospital,  Bangor;  established  1901;  600  beds. 

b.  In  local  institutions.     Harmless  incurable  and  other  insane 
who  can  not  be  received  at  the  state  hospitals  may  be  provided 
for  at  the  town  almshouses,  which  are  under  the  care  and  manage- 
ment of  the  overseers  of  the  poor  of  the  town. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  who  are  legal  residents  of  a 
town  are  entitled  to  admission  to  the  state  hospitals  for  the  insane. 

b.  Legal  procedure  in  commitment.     Parents  and  guardians 
insane  minors,  if  of  sufficient  ability  to  support  them  there,  must  cb 
within  thirty  days  after  an  attack  of  insanity,  without  legal  ex- 
amination, send  them  to  one  of  the  hospitals  and  give  to  the  treasurer 
the  bond  required,  or  they  may  send  them  to  some  other  hospital  for 
the  insane,  within  this  period. 

Insane  persons,  not  thus  sent  to  any  hospital,  are  subject  to        .m&tioQ 
examination.     The  municipal  officers  of  towns  constitute  a  board    I7> 
of  examiners,  and  on  complaint  in  writing  of  any  blood-relative,  ^™^lcipal 
husband  or  wife  of  an  alleged  insane  person,  or  of  any  justice  of  the 
peace,  they  must  immediately  inquire  into  his  condition,  appoint  a 
time  and  place  for  a  hearing,  and  notify  the  person  alleged  to  be 
insane.     They  must  take  the  necessary  testimony,   and  if  they 
think  such  person  insane,  and  that  his  comfort  and  safety  or  that  of 
others  interested  will  thereby  be  promoted,  they  must  forthwith  send 
him  to  either  one  of  the  insane  hospitals  with  a  certificate  of  insanity, 
and  direct  the  superintendent  to  receive  and  detain  him  until  he  is 
restored  or  discharged.     The  patient  may  be  committed  to  the  insane  ££*saoof  I91 
asylum  while  the  commissioners  are  acting  upon  the  application. 


MAINE  96 

SSSs.°f  To  establish  the  fact  of  insanity,  the  evidence  of  at  least  two 
reputable  physicians  given  by  them  under  oath  before  the  board  of 
examiners  is  required,  together  with  a  certificate  signed  by  the 
physicians  and  filed  with  the  board,  the  evidence  and  certificate  to 
be  based  upon  due  inquiry  and  personal  examination  of  the  person  in 
question. 

°may  The  judge  of  probate  in  the  several  counties  likewise  has  power  to 
and  examine  insane  persons,  and  upon  complaint  in  writing  of  any  blood- 
statutes  relation,  husband  or  wife  of  the  alleged  insane  person,  or  of  any 
chjs4S'  justice  of  the  peace,  accompanied  by  the  certificates  of  some  rep- 

utable physician  stating  that  in  his  opinion  the  person  is  insane,  may 
immediately  appoint  a  time  and  place  for  hearing  the  case  within  the 
town  or  city  in  which  the  person  resides  or  is  found.     The  judge  of 
probate  has  power  to  summon  witnesses,  and  if  the  person  is  found 
insane,  the  judge  must  forthwith  send  him  to  one  of  the  hospitals 
for  the  insane,  directing  the  superintendent  to  receive  and  detain 
him  until  he  is  recovered  or  is  discharged.     The  registrar  of  probate 
must  keep  a  record  of  the  doings  in  each  case  and  furnish  a  copy  to 
any  interested  person  requesting  and  paying  for  it.     The  municipal 
J™badteC  court**  °fficers  or  *ne  judge  of  probate  first  taking  jurisdiction  of  a  com- 
officersnicipal   plam^  have  exclusive  jurisdiction  in  the  matter  until  the  complaint 
27-  is  finally  disposed  of.     In  case  of  refusal  to  commit  by  one  of  these 

tribunals  after  notice  and  hearing,  no  complaint  may  be  made  to 
the  other  tribunal  with  reference  to  the  same  person  within  thirty 
days  after  the  decision  is  recorded;  and  only  after  application  to  each 
of  said  tribunals  and  neglect  or  refusal  for  three  days  on  the  part  of 
each  to  act,  may  further  proceedings  be  taken. 

c.  Voluntary  admission. 

*9-  d.  Appeal  from  commitment.     Persons  liable  for  the  support  of  a 

patient  who  has  been  in  either  hospital  for  six  months  and  who  has 

,  not  been  committed  by  the  supreme  judicial  court  and  is  not  afflicted 

with  homicidal  insanity,  may  apply  to  the  municipal  officers  of  the 

patient's  town  for  his  release,  if  they  think  him  -unreasonably  de- 

38-  tained.     If  the  application  is  unsuccessful,  it  may  not  be  renewed 

until  the  expiration  of  another  six  months.     When  the  committee 

of  visitors  becomes  satisfied  that  an  inmate,  other  than  one  charged 

with  or  convicted  of  crime  and  committed  by  order  of  court,  is 

Habeas  corpus,  unnecessarily  detained,  they  must  apply  for  a  writ  of  habeas  corpus; 

and  if  the  judge  issuing  it  is  satisfied,  after  due  hearing,  that  the 

inmate  is  not  a  proper  subject  for  custody  and  treatment,  he  must 

44-  discharge  the  inmate.     When  the  superintendent  of  either  hospital 

is  in  doubt  as  to  the  legality  of  the  commitment  of  any  person,  he 

may  apply  to  the  judge  of  the  municipal  or  police  court  of  the  city 


97  MAINE 

where  the  person  is  detained  under  commitment,  asking  for  an 
inquiry  and  decree  in  the  case. 

e.  Cost  of  commitment.     The  town  in  which  an  insane  person  S^sidSts. 
resided  or  was  found  at  the  time  of  his  arrest  is  liable  for  the  expense ch;^5' 
of  his  examination  and  commitment.     Any  town  thus  made  charge- 
able may  recover  the  amount  paid  for  examination  and  commitment 
from  the  insane  person,  if  he  is  able  to  pay,  or  from  persons  liable 
for  his  support,  or  from  the  town  of  his  settlement.     If  he  has  no 
legal  settlement  in  the  state,  the  expenses  must  be  refunded  by  the  Nonresidents. 
state. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

If  a  wQman  is  committed  to  either  of  the  insane  hospitals,  the  ^"ndant. 
magistrate  committing  her  must,  unless  she  is  to  be  accompanied  chj**s- 
by  a  father,  husband,  brother  or  son,  designate  a  woman  to  be  an 
attendant  or  one  of  the  attendants  to  accompany  her. 

5.  TRANSFER   OF  PATIENTS 

The  trustees  may  transfer  any  patients  from  one  hospital  to  the^[t1h4e5*rustees- 
other,  whenever,  in  their  judgment,  the  welfare  of  the  patients  or  of    s~ 
either  institution  will  be  promoted  thereby.     The  expense  is  to  be 
paid  out  of  the  funds  of  the  hospital  transferring  the  patient  and  is  a 
charge  upon  the  person  liable  for  the  board  of  the  patient.     If  the  £ansfer. 
board  of  the  patient  is  paid  by  the  state,  the  expense  of  the  transfer 
must  be  paid  by  the  state. 

The  trustees  are  empowered  to  transfer  feebleminded  persons  from  f/ebTemuXd 
the  insane  hospitals  to  the  school  for  feebleminded,  and   insane  ins6tjtution' 
inmates  of  that  school  to  either  insane  hospital.     A  copy  of  the 
certificate  of  commitment  to  the  hospital,  together  with  a  certificate 
of  the  superintendent  declaring  the  patient  to  be  feebleminded  and 
not  insane,  and  a  certificate  signed  by  the  secretary  of  the  trustees  of 
the  hospital  showing  that  they  voted  the  transfer,  authorizes  the 
superintendent  of  the  school  for  feebleminded  to  receive  the  patient 
in  the  same  manner  as  if  he  had  been  originally  committed  to  this 
institution.     The  expense  is  paid  as  for  other  transfers. 

6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

The  superintendent  of  any  public  institution  used  wholly  or  in  ££££%,  Ij>I7t 
part  for  the  care  of  the  insane,  may  permit  any  inmate  temporary  ch-90' 
leave  of  absence  in  charge  of  his  guardian,  relatives,  friends  or  by 
himself  for  a  period  not  exceeding  six  months.     He  may  be  returned 
by  them  or  upon  his  own  application  within  six  months  without  a 
new  commitment,  and  the  liability  of  the  state,  the  town,  or  obligator 
by  bond  for  his  support  remains  in  full  force  upon  his  return.     The 
period  may  be  renewed  by  the  superintendent. 


MAINE 


98 


Discharge. 
Revised 
Statutes, 
eh. 145. 
3- 


Discharge  to 
custody  of 
friend. 


Discharge  by 
trustees. 
ch.  145. 
4- 


Insane 
convicts. 


Liability  of 
towns, 
ch.  145. 
31. 


Paid  by  the 
state, 
ch.  145. 
20. 


Nonindigents. 
38. 


Recovered 
by  towns. 
29. 


A  person  committed  to  a  hospital  for  the  insane  may  be  discharged 
by  any  justice  of  the  supreme  judicial  court  on  satisfactory  proof 
that  his  discharge  will  not  endanger  the  peace  and  safety  of  the 
community;  or  the  justice  may,  on  application,  commit  him  to  the 
custody  of  any  friend  who  will  give  bond  to  the  judges  of  probate  of 
the  counties  in  which  the  hospitals  are  located,  conditioned  for  his 
safe-keeping,  and  the  payment  of  all  damages  which  any  person  may 
sustain  by  his  acts.  And  when,  on  satisfactory  proof,  he  is  again 
found  to  be  insane  and  dangerous,  any  justice  of  the  supreme 
judicial  court  may,  by  a  precept  stating  the  fact,  recommit  him  to 
the  insane  hospital  from  which  he  was  discharged. 

At  the  annual  meeting  of  the  trustees,  they,  with  the  superintend- 
ent, must  make  a  particular  examination  into  the  condition  of  each 
patient,  including  patients  committed  while  under  sentence  in  the 
state  prison  or  any  of  the  county  jails,  and  discharge  any  one  so  far 
restored  that  his  comfort  and  safety  and  that  of  the  public  no  longer 
requires  his  confinement.  They  may  transfer  to  the  care  and  cus- 
tody of  his  relatives  and  friends  applying  therefor,  on  conditions, 
any  patient  not  held  under  sentence  whom  they  are  satisfied  will  be 
properly  cared  for  by  the  person  making  the  application. 

When  the  overseers  of  the  poor  of  a  town,  liable  for  the  expenses  of 
examination  of  a  patient  and  his  commitment  to  either  hospital,  are 
notified  by  mail  by  the  superintendent  that  he  has  recovered  from 
his  insanity,  they  must  have  him  removed  to  their  town,  and  if  they 
neglect  it  for  15  days,  the  superintendent  must  have  it  done  at  the 
expense  of  the  town. 

7.  COST    OF    MAINTENANCE 

The  officers  ordering  the  commitment  of  a  person  unable  to  pay 
for  his  support,  or  becoming  unable  after  commitment,  must  certify 
the  fact  to  the  trustees  and  that  he  has  no  relatives  liable  and  of 
sufficient  ability  to  pay  for  his  support;  in  which  case  the  town  of  his 
legal  residence  is  liable  for  the  cost  of  his  examination  and  commit- 
ment, while  the  cost  of  his  support  at  the  hospital  is  chargeable  upon 
the  state. 

When  the  friends  of  an  insane  person  or  others  file  a  bond  with  the 
treasurer  of  the  hospital  in  which  he  is  confined,  the  state  is  not 
liable  for  his  support,  unless  new  action  is  had  by  reason  of  the 
inability  of  the  patient  or  his  friends  longer  to  support  him;  and 
such  action  may  be  had  in  the  same  manner  and  before  the  same 
tribunal,  as  if  he  had  never  been  admitted  to  the  hospital. 

Any  town  made  chargeable  for  the  commitment  and  support  of 
an  insane  person  at  a  hospital,  may  recover  the  amount  paid  from 
the  patient,  if  able,  or  from  persons  legally  liable  for  his  support,  or 


99  MAINE 

from  the  town  where  his  legal  settlement  is;  but  if  he  has  no  legal 
settlement  in  the  state,  the  expenses  must  be  refunded  by  the  state. 

If  the  trustees  of  the  hospital  find  that  any  person  or  municipality  mor 
is  lawfully  liable  for  the  support  of  an  insane  patient,  they  mustlia£je- 
proceed  to  collect  all  sums  which  have  been  paid  by  the  state  to  the 
hospital  for  board  of  the  patient  from  the  person  or  municipality 
lawfully  liable  for  his  support,  and  thereafter  the  state  is  not  required 
to  pay  for  such  support,  so  long  as  the  liability  of  any  person  or 
municipality  continues. 

8.  CRIMINAL  INSANE 

When  a  person  indicted  for  an  offense  or  committed  to  jail  on  a 
criminal  charge  makes  a  plea  of  insanity,  the  justice  of  the  court  ^sa 
before  which  the  case  is  to  be  tried  may  order  him  sent  to  one  of  the    *• 
hospitals  for  the  insane  for  observation  and  report  by  the  superin- 
tendent of  the  hospital.     When  the  grand  jury  omits  to  find  an  Persons 
indictment  against  a  person  by  reason  of  his  insanity,  they  must  so  because  of 
certify  to  the  court;  and  when  a  traverse  jury  for  the  same  reason m^mty 
acquit  any  person  indicted,  the  court  may  commit  him  to  the  insane 
department  of  the  state  prison,  or  to  either  of  the  hospitals  for  the 
insane.     Any  person  thus  committed  must  be  discharged  by  the    3- 
court  having  jurisdiction  of  the  case  only  on  satisfactory  proof  that 
he  will  not  endanger  the  peace  and  safety  of  the  community.     Upon 
proof  that  such  person  has  again  become  insane  and  dangerous,  any 
justice  of  the  supreme  judicial  court  may  recommit  him  as  insane. 
If  a  person  convicted  of  any  crime,  in  the  supreme  judicial  court  orpoers?cns 
in  either  superior  court,  is  found  insane  when  motion  for  sentence  is  thou«h  ™'s**e. 
made,  the  court  may  commit  him  to  the  insane  department  of  the 
state  prison,  if  the  crime  is  punishable  by  imprisonment  in  this 
institution;  otherwise  the  commitment  must  be1  to  one  of  the  hospi- 
tals for  the  insane.     If,  at  the  expiration  of  the  period  of  commitment 
to  the  insane  department  of  the  state  prison,  the  person  has  not 
recovered,  he  must  be  transferred  to  one  of  the  hospitals  for  the 
insane. 

Insane  persons  transferred  from  the  insane  department  of  the  Transfers, 
state  prison  to  either  of  the  insane  hospitals,  upon  satisfactory  proof 
that  such  detention  in  such  hospital  will  have  a  bad  influence  on  the 
other  patients,  may  be  returned  by  the  order  of  the  governor  and 
council. 

Insane  inmates  of  the  reformatory  for  women  may  be  transferred  }Jp0^j£r 
to  the  hospitals  for  the  insane  by  the  Western  Somerset  municipal for  women, 
court,  upon  the  application  of  the  superintendent.     The  court  must  ch.88. 
hold  a  hearing,  give  due  notice  to  all  parties  and  have  the  inmate 
examined  by  two  physicfans. 


MAINE 


100 


£v£ed0nTiet*'     The  governor  must  appoint  in  each  county  a  competent  physician, 
?K£.S'         a  resident  of  the  county,  to  act  as  an  examiner  of  insane  convicts  in 
s'  the  county  jail  of  the  county.     When  a  convict  in  the  state  prison 

or  the  county  jail  becomes  insane  or  a  convict  whose  sentence  has 
expired  is  there  detained  as  insane,  the  prison  physician  and  the 
examiner  in  the  county  must  be  notified  and  must  investigate  the 
case.  If  the  convict  or  person  detained  is  found  to  be  insane, 
the  warden  or  keeper  of  the  jail  must  apply  to  the  proper  court  for  a 
decree.  If  after  hearing  the  sworn  evidence  of  at  least  two  reputable 
physicians  not  in  the  employ  of  the  state  prison  or  other  state  jails, 
the  judge  determines  that  the  convict  or  person  detained  is  insane, 
he  must  commit  him  if  held  in  the  state  prison  to  the  insane  depart- 
ment of  the  state  prison,  and  if  held  in  one  of  the  county  jails,  he 
must  commit  him  to  one  of  the  state  hospitals.  The  certificate  of 
the  judge  stating  the  town  in  which  the  prisoner  or  person  detained 
resided  is  sufficient  evidence  to  charge  the  town  for  the  expenses  of 
his  support,  if  he  is  detained  after  the  sentence  on  which  he  was 
originally  committed  has  expired,  but  when  his  friends  or  others 
file  a  bond  with  the  treasurer  of  the  hospital  in  which  he  is  con- 
fined, such  town  is  not  liable  for  his  support.  If  a  person  so  com- 
mitted is  restored  or  discharged  before  the  expiration  of  the  term  of 
the  sentence  on  which  he  was  originally  committed,  he  must  be 
returned  to  the  prison  and  serve  out  the  remainder  of  his  original 
sentence. 

A  friend  of  any  person  adjudged  to  be  insane  and  committed  to  the 
convict^  insane  insane  department  of  the  state  prison  under  the  foregoing  proceed- 
ings, who  believes  him  to  be  unreasonably  detained,  may  apply  in 
writing  to  any  justice  of  the  supreme  judicial  court,  who  must  in- 
quire into  the  case. . 


Hearing. 


Liability  for 
support. 
7- 


Recovery  of. 
reason. 


Judicial 
inquiry  into 


K 

2 

LJ 

C 

bJ 
O 


£ 


101 
MARYLAND 

Authorities : 

Bagby's  Annotated  Code  of  Maryland,  1911 
Laws  of  Maryland,  1910,  1916 

i.  ADMINISTRATION  AND  SUPERVISION 

a.  General.     Four  commissioners,   appointed  by  the  governor  JJ^SS sion. 
for  terms  of  four  years,  together  with  the  attorney-general,  con-£.°d£- 
stitute  the  state  lunacy  commission.     Two  of  the  members  must  be    J3- 
physicians,  graduates  of  some  legally  authorized  medical  college    rs- 
and  must  have  been  in  actual  practice  at  least  five  years  consecu- 
tively just  preceding  their  appointment.     One  of  the  physicians 
must  have  had  at  least  two  years'  experience  in  the  treatment  of    l6- 
the   insane.     The    commissioners  serve  without  pay.     They  are    l8- 
required  to  hold  monthly  meetings. 

The  lunacy  commission  has  supervision  of  all  matters  relating  to ^^s°f  I9IO> 
the  custody,  care  and  treatment  of  the  insane;  is  required  to  do^*- 
whatever  may  be  possible  to  ameliorate  and  improve  their  condition    I9- 
and  to  secure  them  all  their  rights  and  privileges  as  involuntary 
wards  of  the  state.     The  commission  has  full  power  to  investigate 
all  institutions,  public  and  private,  authorized  to  receive  insane 
persons,  and  to  call  for  such  information  as  it  may  need.     The 
secretary  of  the  commission  must  visit  all  public  and  private  in- 
stitutions for  the  insane,  including  county  almshouses  or  asylums  at 
least  once  in  six  months,  ascertain  whether  the  laws  governing  the 
care  of  the  insane  are  observed,  and  examine  the  condition  of  build- 
ings and  inmates,  as  well  as  records  and  methods  of  administration. 

It  is  mandatory  upon  all  officers  of  institutions  for  the  insane  to    «• 
furnish  the  information  required  by  the  commission.     Refusal  to 
do  so  is  punishable  as  a  misdemeanor. 

The  commission  has  power  to  require  written  reports  from  all    2*- 
institutions  for  the  insane  and  to  require  records  of  patients  in  the 
form  it  may  prescribe.     The  commission  must  encourage  scientific    J9- 
investigations  by  the  medical  staffs  of  the  various  institutions  and 
may  publish  the  results.     The  commission  is  required  to  make  an 
annual  report  in  detail  to  the  governor. 

The  lunacy  commission  is  required  to  divide  the  state  into  hospital  ^^°f  I9I°' 
districts  for  the  proper  care  and  custody  of  the  insane.  389. 

All  institutions  for  the  care  or  custody  of  the  insane  must  beP™^ions 
licensed  by  the  commission,  except  state  or  incorporated  institutions  £°de- 
and  county  almshouses,  unless  the  latter  receive  patients  for  pay.    27- 
On  applying  for  license  full  plans  of  proposed  institutions  and  other 
details  required  must  be  submitted  to  the  commission.     Upon  its 


MARYLAND  102 

refusal  to  grant  a  license  an  appeal  may  be  taken  to  the  superior 
court  of  Baltimore  or -to  the  circuit  court. 

Board  o£_  b.  Institutional.  The  state  hospitals  are  under  the  control  of 

boards  of  managers  of  nine  members  each,  appointed  by  the  governor 
for  terms  of  six  years,  who  serve  without  pay.  The  boards  ap- 
point the  superintendents  and  the  other  physicians  and  officers 
necessary  for  the  management  of  the  hospitals,  and  have  power  to 
6-  remove  them.  The  managers  make  all  the  rules  and  regulations  for 

the  government  of  the  hospitals  and  are  required  to  inspect  them  at 
stated  intervals. 

Board  of  A  board  of  visitors  of  five  members,  two  of  whom  must  be  women, 

visitors. 

art.  59-  may  be  appointed  by  the  lunacy  commission  for  each  county  asylum 

and  almshouse  where  insane  are  confined.     The  power  of  such  a 
board  is  limited  to  inspection  and  recommendations  to  the  lunacy 
commission,  to  which  it  must  make  monthly  reports  of  visits. 
38.  No  institution  for  the  insane  is  authorized  to  hold  more  than  five 

insane  persons  in  confinement  unless  there  is  a  physician  in  regular 
attendance. 

2.  CARE 

a.  In  state  institutions. 

Spring  Grove  State  Hospital,  Catonsville;  established  1797;  600  beds. 
Springfield  State  Hospital  for  the  Insane,  Sykesville;  established 

1896;  1,500  beds. 
Crownsville   State   Hospital,    Crownsville;  established    1911;   500 

.beds  (for  negro  patients  exclusively) . 
Eastern  Shore  State  Hospital,  Cambridge;  established  1912;  300 

beds. 

9.  b.  In  local  institutions.     There  are  no  local  institutions  for  the 

insane,  the  state  having  made  complete  provision  for  their  care. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons  are  entitled  to  ad- 
mission to  the  state  hospitals  for  the  insane. 

certificate.  b.  Legal  procedure  in  commitment.  The  county  commissioners, 
and  the  supervisors  of  charities  in  the  city  of  Baltimore,  must  cause 
indigent  insane  persons  who  have  no  relatives  or  others  liable  for 
their  support  to  be  §ent,  upon  the  written  certificate  of  two  qualified 
physicians,  to  the  almshouse  of  the  county  or  city  to  which  they 
belong,  or  to  a  hospital  or  some  other  place  better  suited  to  their 
condition.  If  demanded  by  an  alleged  insane  person  or  his  relatives 
or  friends,  or  on  the  request  of  the  county  authorities  or  of  the  super- 
visors of  charity  in  Baltimore,  the  circuit  court  of  the  county  or  the 

jury  trial.  criminal  court  in  Baltimore  must  convene  a  jury  to  inquire  into  the 
insanity  of  the  person  concerned.  If  the  authorities  before  whom 


103  MARYLAND 

the  person  is  brought  are  not  satisfied  that  he  is  insane,  the  state's 
attorney  of  the  county  or  of  the  city  of  Baltimore  must  be  notified 
and  immediately  bring  the  question  before  the  circuit  court  or  the 
criminal  court  of  Baltimore  for  determination.  Relatives  or  friends 
of  such  insane  persons  may  confine  them  and  provide  for  them. 

No  person  may  be  committed  or  confined  in  any  institution  for  the  ^eifvaifd 
insane  except  upon  written  certificate  of  two  qualified  physicians,    31. 
made  within  one  week  after  examination  of  the  alleged  insane  person, 
stating  his  insanity  and  giving  the  reason  for  their  opinion.     It  is    32. 
unlawful  for  any  physician  to  certify  to  the  insanity  of  any  person 
for  the  purpose  of  committing  him  to  any  hospital  or  institution  for 
the  insane,  with  which  the  physician  may  be  in  any  manner  con- 
nected or  interested. 

c.  Voluntary  admission.     The  medical  superintendent  or  chief  JJJJIJgn*7 

officer  of  any  institution  for  the  insane,  except  almshouses,  may  tendent. 

.  .....  .        Laws  of  I9j6» 

receive  voluntary  patients  who  make  application  in  writing,  provided ch-  s<>6. 

that  the  expense  be  borne  by  the  person  applying  or  by  his  relatives 
or  friends,  or  provided  that  the  county  commissioners  or  supervisors 
of  city  charities  of  Baltimore  consent  to  his  maintenance  as  a  public 
charge.  No  voluntary  patient  may  be  detained  for  more  than  three 
days  after  having  given  notice  of  desire  to  leave  the  institution  un- 
less he  in  the  meantime  has  been  legally  committed.  No  person 
may  be  received  or  detained  as  a  voluntary  patient  whose  mental 
condition  is  such  or  becomes  such  that  he  can  not  comprehend  the 
act  of  voluntary  commitment  or  is  unable  to  request  a  discharge,  or 
to  give  continuous  assent  to  detention.  Every  voluntary  patient 
must  be  reported  to  the  lunacy  commission,  with  a  statement  of 
his  mental  condition  at  the  end  of  each  three  months  of  his  residence 
in  the  institution. 

d.  Appeal  from  commitment.     The  lunacy  commission  at  any  gj^*"  ^P"8- 
time  when  it  believes  a  person  confined  in  any  institution  as  insane  art-  SP- 

to  be  not  insane,  may  bring  the  matter  to  the  attention  of  the  proper 
state's  attorney  who  must  apply  to  the  proper  tribunal  for  the  writ 
of  habeas  corpus.  After  inquiry,  the  court  must  discharge  the 
person  if  found  sane,  or  order  him  returned  to  the  institution  if 
found  insane. 

e.  Cost  of  commitment.    The  expense  of  securing  the  commitment 
of  insane  persons  is  a  charge  upon  the  county  from  which  they  are  sent. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

No  female  patient  may  be  conveyed  to  any  institution  for  the  f^*^  at~ 
insane  or  transferred  from  such  institution  except  when  accom-  ^WSj°f  I9IO> 
panied  by  some  .relative,  friend  or  nurse  of  the  same  sex,  unless  ac-    38t>. 
companied  by  her  father,  husband,  or  adult  brother  or  son. 


MARYLAND 


104 


By  the  com- 
mission. 
38b. 


Parole. 
Laws  of  10 10, 
ch.7i5. 


Discharge. 
Code. 
38d. 


Nonindigents. 


5.  TRANSFER   OF  PATIENTS 

The  lunacy  commission  may  transfer  acute  or  violent  insane 
patients  confined  in  a  private  institution  to  a  state  hospital  at  the 
expense  of  the  county  in  which  the  patient  is  found. 

6.  PAROLE   AND  DISCHARGE  OF  PATIENTS 

Whenever  in  the  opinion  of  the  chief  medical  officer  of  any  in- 
stitution for  the  insane  it  may  benefit  a  patient  to  be  granted  leave 
of  absence  or  parole  on  trial,  he  may  grant  it  for  not  exceeding  six 
months,  with  the  privilege  of  renewal  for  not  over  thirty  days,  upon 
application  in  writing  endorsed  by  the  relatives,  friends  or  other 
persons  at  whose  expense  the  person  was  first  committed,  and  who 
must  assume  responsibility  for  his  care.  No  subsequent  extension  of 
leave  of  absence  may  be  made,  and  no  patient  may  be  again  ad- 
mitted to  any  institution  who  has  been  absent  from  it  for  more 
than  sixty  days,  or  for  more  than  thirty  days,  in  case  the  parole  had 
not  been  extended  as  above  provided,  except  under  a  new  commit- 
ment. Any  such  patient  may  be  returned  by  his  friends  or  brought 
back  by  the  duly  designated  officers  of  the  institution  at  or  before 
the  expiration  of  the  period  of  parole. 

The  superintendent  or  chief  medical  officer  of  every  institution 
for  the  insane  must  discharge  a  patient,  except  one  under  criminal 
charge,  if  satisfied  that  he  has  recovered.  He  may  also  discharge 
any  quiet  and  harmless  patient  who  is  not  likely  to  show  a  further 
improvement,  if  he  is  satisfied  that  such  patient  will  be  properly 
cared  for  and  supervised.  He  may  not  discharge  any  person  whom 
he  has  reason  to  believe  to  be  dangerous  to  himself  and  others,  except 
upon  the  order  of  some  competent  court.  The  relatives  or  friends 
may  remove  a  patient  maintained  at  private  expense  at  their  dis- 
cretion at  any  time;  but  in  the  case  of  a  person  believed  by  the  super- 
intendent of  the  institution  to  be  dangerous  to  himself  and  others, 
he  must  give  notice  to  those  making  the  removal  that  the  patient  is 
dangerous,  state  his  reason  for  this  belief,  and  file  a  copy  of  such 
notice  with  the  papers  upon  which  the  patient  was  committed. 

7.  COST   OF   MAINTENANCE 

No  person  may  be  treated  as  an  indigent  in  any  home  or 
hospital  for  the  insane  in  the  state,  who  possesses  sufficient  income 
for  his  support  or  who  has  relatives  who  are  able  to  pay  for  it. 
When  an  insane  person  is  not  able  to  pay  the  whole  cost  of  his  main- 
tenance but  may  be  able  to  pay  for  part  of  it,  the  supervisors  of  the 
city  charities  of  Baltimore,  and  elsewhere  the  county  commissioners, 
may  designate  the  rate  per  week  which  shall  be  reimbursed  to  the 
county  or  to  Baltimore  city. 


105  MARYLAND 

If  an  insane  person  is  possessed  of  sufficient  property  to  support  c°tde 
him  in  any  hospital  or  asylum  for  the  insane,  the  court  must  appoint    °- 
a  trustee  for  the  estate  of  such  person  under  bond  that  will  cause  the 
insane  person  to  be  confined  and  supported  in  some  hospital. 

The  expense  for  the  care  and  treatment  of  all  patients  in  the  j^f  e"fts- 
state  hospitals  for  the  insane  is  a  charge  upon  either  Baltimore  city  <*.  715- 
or  the  county  sending  them  to  the  extent  of  one  hundred  dollars; 
the  state  treasury  pays  the  balance  of  the  cost  of  board,  care,  and 
treatment.     When  a  patient  is  held  to  be  a  charge  upon  another 
county  than  the  one  made  responsible  for  his  maintenance  in  the  first 
instance,  the  state  comptroller  must  determine  the  patient's  legal 
residence  and  issue  orders  accordingly.     When  a  patient  is  not  a 
proper  charge  upon  any  county,  he  must  be  supported  by  the  state. 

8.  CRIMINAL  INSANE 

When  a  person  indicted  for  a  criminal  offense  alleges  insanity  and  Persons~«wait- 
the  jury  finds  him  insane,  the  court  trying  the  case  must  cause  him  Laws  of  1916, 
to  be  sent  to  a  hospital  or  some  other  suitable  place,  until  he  has    s- 
recovered  his  reason.     Any  judge  of  the  circuit  court  of  any  county 
where  such  a  person  is  detained,  or  of  the  supreme  bench  of  Balti- 
more city  may,  upon  habeas  corpus  proceedings,  order  absolutely 
or  conditionally  the  permanent  or  temporary  discharge  of  the  person 
upon  proof  of  temporary  or  permanent  recovery.     If  a  person    6. 
arrested  for  any  offense  or  charged  with  any  crime  appears  to  the 
court  to  be  insane,  the  court  may  cause  an  inquiry  by  the  lunacy 
commission  and  if  they  find  the  person  insane  the  court  must  direct 
his  confinement  as  above  until  his  recovery. 

The  board  of  directors  of  the  penitentiary  or  house  of  correction  Examination  of 

7      .    •  ...  convicts.     +4 

may  summon  the  lunacy  commission  to  examine  into  the  mental  Laws  of  1910, 
condition  of  the  convicts,  ancj  if  a  convict  is  adjudged  insane  or    38f. ' 
feebleminded  by  the  lunacy  commission  or  the  majority  thereof  and 
his  removal  seems  advisable,  the  commission  must  make  complaint 
to  the  judge  of  the  criminal  court  of  Baltimore  or  of  one  of  the  circuit 
courts,  who  has  'power  to  order  the  removal  of  the  convict  to  a 
state  hospital  at  the  expense  of  the  state. 


106 


MASSACHUSETTS 


Commission  on 
mental  dis- 
eases. 

Acts  of  1916, 
ch.  283. 


Acts  of  1914, 
ch.  762. 
3- 


Acts  of  1909, 
ch.  504. 

6. 

Acts  of  1914, 
ch.  762. 

5- 


Acts  of  1916, 
ch. 285. 
5. 


Psychopathic 
hospitals. 
Acts  of  1917, 
ch.  115. 

Acts  of  1916, 
ch.  285. 
3- 


Authority: 

Acts  of  Massachusetts,  1909,  1910,  1911,  1914,  1915,  1916,  1917 

i.  ADMINISTRATION  AND  SUPERVISION 
a.  General.  The  general  supervision  of  all  institutions,  public 
and  private,  for  the  insane,  feebleminded,  epileptic,  inebriates  and 
drug  habituates  (except  one  state  hospital  for  inebriates)  is  vested 
in  the  commission  on  mental  diseases,  consisting  of  five  persons  ap- 
pointed by  the  governor  with  the  advice  and  consent  of  the  council 
for  terms  of  five  years.  The  director  and  two  associate  members 
must  be  physicians  and  experts  in  the  care  and  treatment  of  the 
insane.  The  director  receives  a  salary  fixed  by  the  governor  and 
council,  not  to  exceed  $7,500;  all  members  are  reimbursed  for  ex- 
penses incurred  in  the  performance  of  their  duties.  The  director  is 
the  administrative  and  executive  head  of  the  commission.  He  ap- 
points such  agents  and  subordinate  officers  as  the  commission  deems 
necessary  and  fixes  their  compensation  subject  to  the  approval  of 
the  governor  and  council. 

The  commission  is  required  to  make  an  annual  report  in  regard 
to  the  work  of  each  institution  under  its  charge,  including  classified 
statements  of  receipts  and  expenditures  and 'estimates  of  expendi- 
tures for  the  year  ensuing.  It  is  required  to  encourage  scientific  in- 
vestigation by  the  medical  staffs  of  the  various  institutions  under  its 
supervision  and  to  publish  from  time  to  time  bulletins  and  reports 
of  the  scientific  and  clinical  work  done .  It  has  charge  of  the  construc- 
tion of  all  new  buildings  or  new  institutions  and  the  selection  of  the 
site  of  any  new  institution  and  of  any  land  to  be  taken  or  purchased 
for  any  new  or  existing  institution.  It  must  visit  every  institution 
under  its  supervision  at  least  once  a  year  and  oftener  if  the  gov- 
ernor so  directs,  and  ascertain  by  actual  examination  and  inquiry 
whether  the  laws  relating  to  persons  in  custody  or  control  therein  are 
properly  observed,  give  such  directions  as  will  insure  correctness  in 
the  returns  required,  and  use  all  necessary  means  to  collect  desired 
information.  It  must  carefully  inspect  every  part  of  each  institu- 
tjon  with  reference  to  cleanliness,  sanitary  condition,  number  of 
patients  in  seclusion  and  restraint,  dietary  and  other  material  mat- 
ters, and  offer  every  patient  an  opportunity  for  interview  with  its 
visiting  members  and  agents.  The  commission  is  authorized  to 
develop  a  state-wide  system  of  psychopathic  hospital  service. 

When  so  directed  by  the  governor,  the  commission  may  assume 
and  exercise  the  powers  of  the  board  of  trustees  of  any  state  institu- 


107  MASSACHUSETTS 

tion  under  its  supervision  in  any  matter  relative  to  the  conduct 
and  management  thereof.  It  has  the  same  powers  relative  to 
state  charges  in  institutions  or  other  places,  and  of  their  property, 
as  are  vested  in  towns  and  overseers  of  the  poor  in  the  support  and 
relief  of  paupers. 

The  commission  has  power  to  investigate  the  question  of  the  £^504  I9°9' 
insanity  and  condition  of  any  person  who  is  an  inmate  of  any  in-    9- 
stitution  for  the  insane,  public  or  private,  or  restrained  of  his  liberty 
by  reason  of  alleged  insanity  at  any  place  within  the  common- 
wealth, and  must  discharge  him,  if  he  is  not  insane  or  can  be  cared 
for  without  danger  to  others,  and  with  benefit  to  himself.     All 
questions  as  to  the  sanity  of  inmates  of  the  penal,  reformatory  and 
other  institutions   must  be   referred  to  and  determined  by  the 
commission,  except  as  is  otherwise  provided  by  law. 

The  commission  must  prescribe  the  forms  of  application,  medical    "• 
certificate,  and  order  of  commitment  required  by  law  in  the  com- 
mitment of  all  insane;  keep  records  of  all  commitments  and  admis- 
sions, etc.     If  the  commission  has  reason  to  believe  that  an  insane    "• 
person  is  confined  in  an  almshouse  or  other  place  at  public  charge  or 
otherwise,  it  must  cause  application  to  be  made  to  a  judge  for  his 
commitment  to  an  institution  under  its  supervision. 

The  trustees  or  superintendent  of  any  institution  coming  under    37- 
the  supervision  of  the  state  commission  must  furnish  it  all  the  in- 
formation required  and  immediately  notify  it  if  there  is  any  ques- 
tion as  to  the  propriety  of  the  commitment  of  any  person  received. 

The  commission  and  the  boards  of  trustees  of  the  state  institutions    '3- 
underwits  supervision  must  meet  semi-annually  for  consultation. 

The  commission  on  mental  diseases  may  annually  license  any  ^rg^yons 
suitable  person  to  keep  a  hospital  or  private  house  for  the  care  and  ^4f  I9l6> 
treatment  of  the  insane,  epileptic,  feebleminded,  and  of   persons 
addicted  to  the  intemperate  use  of  narcotics  or  stimulants.     The 
applicant  applying  for  a  license  must  be  a  duly  qualified  physician 
with  practical  experience  in  the  care  and  treatment  of  such  patients. 
Licenses  expire  with  the  calendar  year  but  may  be  renewed.     For 
establishing  or  keeping  such  a  hospital  or  private  house  without  a 
license,  unless  otherwise  authorized  by  law,  the  penalty  is  a  fine  of 
not  more  than  $500. 

b.  Institutional.     Each  state  hospital  is  governed  by  a  board 
seven  trustees,  five  men  and  two  women,  all  of  whom  are  appointed  ££ts  of 
by  the  governor  for  terms  of  seven  years.     The  trustees  have  charge    *s. 
of  the  general  interests  of  the  institution.     With  the  approval  of  Acts  of  1915, 
the  state  commission  on  mental  diseases  they  appoint  the  superin-    *• 
tendent  and  treasurer.     With  the  approval  of  the  trustees  the  super- 


MASSACHUSETTS  108 

intendent  appoints  the  assistant  physicians.  The  commission  on 
mental  diseases  establishes  by-laws  for  the  appointment  of  other 
officers  as  well  as  the  regulations  necessary  for  the  conduct  of  the 
institution.  In  each  institution  receiving  female  patients  and 
having  more  than  two  assistant  physicians,  one  of  these  must  be  a 
woman.  The  trustees  must  provide  for  a  monthly  inspection  of 
the  fire  apparatus  and  for  the  drill  of  the  officers  and  employees 
in  its  use.  (The  law  requires  that  each  institution  shall  have  proper 
fire  escapes  and  fire  apparatus  and  receive  a  written  certificate  of 
approval  in  regard  to  these  matters  from  the  proper  inspector  of  fac- 
tories and  public  buildings.) 

The  boards  of  trustees  of  the  various  institutions  must  maintain  an 
effective  inspection  of  their  respective  institutions;  must  ascertain 
whether  the  affairs  of  the  institution  are  conducted  according  to  law 
and  according  to  the  rules  and  regulations  established  by  the  com- 
mission on  mental  diseases;  must  carefully  inspect  every  part  of 
the  institution  as  a  board  or  by  committee  with  reference  to  clean- 
liness and  sanitary  condition,  the  number  of  persons  in  seclusion 
and  restraint,  dietary  matters  and  any  other  matter  that  may  be 
considered  worthy  of  attention;  upon  request  of  the  commission  on 
mental  diseases  must  investigate  any  sudden  death,  accident  or 
injury,  whether  self-inflicted  or  otherwise,  and  send  a  report  to  the 
commission;  must  personally  hear  and  investigate  the  complaints 
and  requests  of  inmates,  officers  or  employees.  At  least  two  of  the 
trustees  must  visit  the  institution  each  month,  a  majority  of  them 
quarterly  and  the  whole  board  semi-annually,  and  they  must  make 
a  written  report  to  the  commission  on  mental  diseases  whenever 
there  are  matters  observed  that  need  the  attention  of  the  com- 
mission. 

Trustees  have  access  to  all  books,  records  and  accounts  pertaining 
to  their  respective  institutions  and  must  be  admitted  at  all  times  to 
the  buildings  and  grounds.  They  have  power  at  any  time  to  cause 
the  superintendent  or  any  officer  or  employee  to  appear  before  them 
to  answer  any  questions  or  to  produce  any  books  or  documents 
relative  to  the  institution. 

Plans  and  specifications  for  the  construction  or  substantial 
alteration  of  buildings,  the  site  of  any  new  building,  the  proposed 
taking  or  purchasing  of  any  new  land,  and  plans  for  the  grading  of 
grounds  or  substantial  improvements  at  the  institutions  must  be 
submitted  to  the  trustees  and  they  must  report  thereon  to  the 
commission  on  mental  diseases  within  a  time  fixed  by  the  com- 
mission. New  work  cannot  proceed  until  such  report  has  been 
made  or  until  the  time  fixed  by  the  commission  has  expired. 


109  MASSACHUSETTS 

2.  CARE 

a.  In  state  institutions. 

Worcester  State  Hospital,  Worcester;  established  1833;  1,535  beds. 
Boston  State  Hospital,  Dorchester  Center;  established  1839;  1,610 

beds.     (The  Boston  Psychopathic  Hospital,  established  1912, 110 

beds,  is  a  separate  department  of  the  Boston  State  Hospital.) 
Mental  Wards,  State  Infirmary,  Tewksbury;  established  1852;  731 

beds. 

Taunton  State  Hospital,  Taunton;  established  1854;  1,315  beds. 
Northampton  State  Hospital,  Northampton;  established  1856;  970 

beds. 

Grafton  State  Hospital,  Grafton;  established  1877;  1,900  beds. 
Danvers  State  Hospital,  Hathorne;  established  1878;  1,485  beds. 
Westborough  State  Hospital,  Westborough;  established  1883;  1,260 

beds. 
Bridgewater  State  Hospital,  State  Farm;  established  1886;  855  beds. 

(For  insane  criminals.) 

Foxborough  State  Hospital,  Foxborough;  established  1891;  360  beds. 
Medfield  State  Hospital,  Harding;  established  1896;  1,645  beds. 
Gardner  State  Colony,  Gardner;  established  1902;  785  beds.     (For 

chronic  insane.) 
Metropolitan    Hospital,    Waverley;    established    1914.    (Not    yet 

opened.) 

b.  In  local  institutions.     The  commonwealth  has  the  care,  con-££te 
trol,  and  treatment  of  all  insane,  and  no  county,  city,  or  town  may    '• 
establish  or  maintain  any  institution  for  the  insane,  or  be  liable  for 
the  board,  care,  treatment  or  act  of  any  inmate  thereof. 

c.  In  families.     Harmless  patients  of   any  institution  for  the    *«• 
insane  other  than  those  committed  as  inebriates  may  be  placed 

at  board  in  families  by  the  commission  on  mental  diseases  or  by  the 
trustees  of  the  institution.  The  commission  must  have  all  persons  73- 
boarded  out  by  it  visited  by  an  agent  once  in  three  months, 
and  those  boarded  out  by  trustees  visited  once  in  six  months,  by  an 
agent  of  the  commission.  The  trustees  must  have  all  persons 
boarded  by  them  in  families  visited  once  in  three  months. 


The  use  of  mechanical  means  of  restraint  may  not  be  applied  on 
any  patient  in  any  public  or  private  hospital  for  the  care  or  custody  Acts ^f  1911, 
of  the  insane  unless  applied  in  the  presence  of  the  superintendent,  or    l- 
of  a  physician  of  the  institution,  or  on  his  written  order,  which  must 
be  preserved  in  the  records  of  the  institution,  and  only  in  cases  of 
•extreme  violence,  active  homicidal  or  suicidal  condition,  physical 
exhaustion,  infectious  disease,  or  following  an  operation  or  accident 


MASSACHUSETTS 


110 


Records. 

J. 


Who  may 
commit  the 


Certificate  of 
physicians 
required. 
30. 


which  has  caused  serious  bodily  injury,  except  in  cases  of  emergency- 
But  every  emergency  case  must  immediately  be  reported  to  the 
superintendent  or  to  the  physician  or  assistant  physician  of  the  in- 
stitution, who  must  at  once  investigate  the  case,  and  approve  or 
disapprove  the  restraint  imposed. 

The  records  of  all  restraint  must  be  kept  in  a  book  open  for  in- 
spection at  all  times  by  the  trustees  or  other  persons  having  control 
of  the  institution,  the  commission  on  mental  diseases  the  governor 
and  council,  and  members  of  the  general  court.  Restraint  also 
includes  therapeutic  and  chemical  restraint  and  confinement  in  a 
strong  room,  or  seclusion  in  solitary  confinement. 

The  superintendent  or  head  physician  must  keep  personally  under 
lock  and  key  all  implements  or  apparatus  of  restraint  not  in  actual 
use. 

The  above  provisions  do  not  apply  to  the  prolonged  bath,  to  the 
hot  or  cold  pack,  or  to  medication  when  used  as  a  remedial  measure 
and  not  as  a  form  of  restraint. 

Any  one  who  knowingly  violates  this  act  is  deemed  guilty  of  a 
misdemeanor  and  may  be  fined  not  less  than  $50  nor  more  than  $300 
for  each  offense. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons,  except  feebleminded, 
are   entitled  to   admission  to   state   institutions   for  the    insane. 
Insane  epileptics  are  committed  to  the  Monson  state  hospital,  an 
institution  especially  for  that  class.     Provision  is  also  made  for 
the  commitment  of  female  inebriates  to  hospitals  for  the  insane. 

b.  Legal  procedure  in  commitment.    Judges  of  probate  for  the 
counties  of  Suffolk  and  Nantucket  or  a  justice  of  a  police,  district  or 
municipal  court  (except  the  municipal  court  of  the  city  of  Boston) 
within  his  county,  may  commit  to  any  hospital  or  institution  for  the 
insane,  whether  public  or  private,  designated  by  the  state  commis- 
sion on  mental  diseases,  any  person  then  residing  in  the  county,  who 
is  a  proper  subject  for  treatment  or  custody.     Except  in  the  case  of 
the  absence  or  incapacity  of  the  justice  or  in  case  of  other  emergency, 
no  special  justice  of  a  police  of  the  district  court  or  municipal,  may 
make  a  commitment. 

Commitment  may  not  be  made  unless  there  has  been  filed  with  the 
judge  a  certificate  of  the  insanity  of  the  alleged  insane  person  by  at 
least  two  physicians,  nor  without  an  order  signed  by  the  proper 
judge,  stating  that  he  finds  the  person  committed  to  be  insane,  and 
either  that  he  has  been  an  inhabitant  of  the  commonwealth  for  six 
months  immediately  preceding  the  finding,  or  that  provision  satis- 
factory to  the  state  commission  on  mental  diseases  has  been  made 


Ill  MASSACHUSETTS 

for  his  maintenance,  or  that  by  reason  of  insanity  he  would  be 
dangerous  if  at  large.  The  order  of  commitment  authorizes  the 
custody  of  the  insane  person  either  at  the  hospital  to  which  he  is  first 
committed,  or  at  some  other  hospital  to  which  he  may  bej^ransf erred. 
The  judge  must  see  and  examine  the  alleged  insane  person  if  he 
deems  it  advisable  to  do  so,  and  must  certify  to  the  residence  of  the 
person  at  the  time  of  his  commitment.  The  judge  may  call  in  a  3I- 
third  physician  when  he  deems  it  advisable. 

A  physician  making  a  certificate  of  insanity  must  be  a  graduate  of 
a  legally  chartered  medical  school,  have  been  in  actual  practice  for 
three  years  since  graduation  and  for  the  three  years  last  preceding, 
and  be  registered  in  accordance  with  the  laws  of  the  commonwealth. 
His  standing,  character  and  professional  knowledge  of  insanity 
must  be  satisfactory  to  the  judge.  The  physician  must  have  ex- 
amined the  alleged  insane  person  within  five  days  of  the  certificate. 
A  copy  of  the  certificate,  attested  by  the  judge,  must  be  transmitted 
to  the  superintendent  of  the  hospital  to  which  the  insane  person  is 
committed,  who  in  turn  transmits  copies  to  the  state  commission  on 
mental  diseases.  A  certificate  bearing  date  more  than  ten  days 
prior  to  the  commitment  of  a  person  alleged  to  be  insane  is  void.  32- 
No  certificate  is  valid  or  may  be  received  in  evidence  if  signed  by  a 
physician  holding  an  appointment,  except  in  a  consulting  or  advisory 
capacity,  in  the  hospital  for  the  insane  to  which  the  person  is  com- 
mitted. A  statement  containing  facts  in  the  form  prescribed  by  the  33. 
state  commission  must  be  filed  with  the  application  and  a  copy  sent 
to  the  superintendent  of  the  institution. 

An  order  of  commitment  is  void  if  the  patient  is  not  received  at^ts  of 
the  hospital  within  thirty  days. 

Within  two  days  after  the  reception  of  an  insane  patient,  the  Jj^j?® 
superintendent  must  send  notice  of  his  commitment  by  mail  to  all^tsoof 
persons  whose  addresses  appear  on  the  statement,  or  to  any  other    '3. 
two  persons  whom  the  patient  may  designate. 

After  hearing  such  evidence  as  he  may  regard  as  sufficient, 
judge  may  cause  the  apprehension  of  the  alleged  insane  person  if  it  is    34 
necessary  or  proper  to  do  so  and  place  him  in  such  custody  or  con- 
finement as  he  sees  fit. 

The  judge  may  summon  a  jury  of  six  men  to  hear  and  determine  gSSy 
whether  the  alleged  insane  person  is  insane.     In  such  cases  the    36. 
judge  shall  have  the  same  authority  as  the  supreme  judicial  court    39. 
to  enforce  the  attendance  of  jurors  and  witnesses  and  to  impose    38. 
fines  for  non-attendance.     The  verdict  of  the  jury  is  final. 

The  superintendent  of  any  hospital  for  the  insane  may,  without  an  Emergency 
order  of  a  judge,  receive  and  detain  for  not  more  than  five  days  any    42. 


MASSACHUSETTS 


112 


Persons  suffer- 
ing from  certain 
mental 

disorders  who 
are  arrested. 
Acts  of  1910, 
ch.  307- 


Temporary 
care  pending 
commitment. 
Acts  of  1909. 

44' 

Acts  of  1911, 
ch. 394. 


Temporary 
care. 

Acts  of  1915, 
ch. 174. 


person  whose  case  is  certified  to  be  one  of  violent  and  dangerous 
insanity,  or  of  other  emergency,  by  two  physicians  qualified  as 
provided  by  law.  Officers  entitled  to  serve  a  criminal  process  or 
any  member  of  the  district  police  must  upon  the  request  of  the  ap- 
plicant or  of  the  certifying  physicians  cause  the  arrest  and  delivery 
of  such  a  person  to  the  superintendent.  The  person  applying  for 
such  admission  must  within  five  days  cause  the  alleged  insane  person 
to  be  committed  or  removed  from  the  hospital  under  a  penalty  of 
$50  and  liability  to  the  hospital  for  the  expense  incurred. 

If  a  person  is  found  by  two  qualified  physicians  to  be  in  such 
mental  condition  that  his  commitment  to  a  hospital  for  the  insane  is 
necessary  for  his  proper  care  or  observation,  he  may  be  committed 
to  a  state  hospital  for  the  insane  or  to  the  McLean  Hospital  (a 
private  institution),  under  such  limitations  as  the  judge  may  direct, 
pending  the  determination  of  his  insanity. 

All  persons  suffering  from  delirium,  mania,  mental  confusion, 
delusions  or  hallucinations  who  come  under  arrest  or  under  the  care 
or  protection  of  the  police  of  the  city  of  Boston  must  be  taken  di- 
rectly to  the  Boston  Psychopathic  Hospital  in  the  same  manner  in 
which  persons  afflicted  with  other  diseases  are  taken  to  a  general 
hospital.  If  the  admitting  physician  at  the  hospital  finds  after 
examination  that  the  person  is  suffering  from  delirium  tremens  or 
drunkenness  the  hospital  need  not  admit  him,  but  otherwise  the 
hospital  must  admit,  observe  and  care  for  all  such  persons  until  they 
can  be  committed  or  admitted  to  hospitals  appropriate  in  each 
particular  case. 

A  person  suffering  from  insanity  or  mental  confusion,  except 
delirium  tremens  and  drunkenness,  may  not  be  placed  in  any  jail 
or  place  of  detention  for  criminals.  If  he  has  been  so  placed  in  a 
case  of  emergency  he  must  be  examined  by  a  physician,  given  proper 
care  and  not  be  detained  for  more  than  12  hours.  Any  person  not 
so  placed,  except  in  the  city  of  Boston  (where  all  such  persons  are  to 
be  taken  to  the  psychopathic  hospital),  must  be  cared  for  by  the 
board  of  health  of  the  city  or  town  in  which  he  is  found,  which  must 
have  him  examined  by  a  physician  and  committed  to  an  institution, 
unless  he  recovers  or  is  suitably  provided  for  by  relatives  or  friends. 

The  superintendent  of  any  public  or  private  hospital  for  the 
insane  may  receive  for  temporary  care,  not  exceeding  ten  days, 
any  person  suffering  from  mental  disease,  on  the  written  appli- 
cation of  any  physician,  member  of  the  board  of  health  or  police 
officer  in  any  city  or  town,  an  agent  of  the  institutions  registration 
department  of  the  city  of  Boston,  or  member  of  the  district  police. 
The  patient  must  be  discharged,  committed,  or  remain  as  a  volun- 
tary patient,  at  the  end  of  ten  days. 


113  MASSACHUSETTS 

Penalties  are  prescribed  for  wilfully  conspiring  to  commit  a  person  ^a^t^ent 
unlawfully  to  an  institution  for  the  insane  as  well  as  for  the  ill- ^ts5°J  I9°9> 
treatment  or  neglect  of  any  patient  on  the  part  of  the  hospital    »»• 
authorities  or  employees. 

The  relatives  or  friends  of  an  insane  person  or  the  mayor  and 
aldermen  of  the  city  or  the  selectmen  of  the  town  in  which  he  lives 
may  apply  to  the  probate  judge  for  the  appointment  of  a  guardian 
for  him  after  due  notice  has  been  given.  An  examination  by  physi- 
cians may  be  had.  Upon  application  of  any  of  the  same  parties  a 
temporary  guardian  may  be  appointed  for  an  insane  person  by  the 
probate  court,  with  or  without  notice  of  hearing. 

c.  Voluntary  admission.     The    superintendent   of    any   institu- 
tion  to  which  an  insane  person  may  be  committed  may  receive,  any    45- 
person  as  a  voluntary  patient  who  makes  written  application  and  is 
mentally  competent  to  make  it.     A  voluntary  patient  may  not  be 
detained  for  more  than  three  days  after  having,  given  notice  in 
writing  of  his  desire  to  leave  the  institution.     Due  notice  must  be    46- 
give  the  commission  on  mental  diseases  of  each  case  of  admission  of 
violent  and  of  temporary  and  voluntary  patients. 

d.  Appeal  from  commitment.     There  is  no  provision  for  appeal  f^jjcai|on 
from  an  order  of  commitment.    But  any  person  may  apply  to  a  justice    78- 

of  the  supreme  judicial  court  at  any  time  for  the  discharge  of  a  person 
whom  the  applicant  believes  ought  no  longer  to  be  confined  as  insane. 
The  alleged  insane  person  may  be  brought  before  the  justice  at  the    ™- 
hearing  on  a  writ  of  habea's  corpus.     The  case  may  be  heard  with  orH|beas  corpus 
without  a  jury,  and  if  it  is  found  that  the  person  is  not  insane,  or  not 
dangerous,  and  ought  no  longer  to  be  confined,  he  must  be  discharged. 

e.  Cost  of  commitment.     The  expenses  attending  the  commit- 
ting  and  delivering  of  an  insane  person,  epileptic,  dipsomaniac 
drug  habitue  to  a  state  institution  are  chargeable  to  the  county  in 
which  commitment  was  made.     If  commitment  does  not  result,  the 
expenses  incurred  in  seeking  commitment  are  likewise  chargeable 
to  the  county.     All  such  expenses  must  be  refunded  the  county 
paying  them  by  the  county  of  which  the  person  in  question  is  an 
inhabitant.     But  if  the  person  was  an  inmate  of  a  state  institution 
at  the  time  of  his  commitment  or  denial  of  application  for  the  same, 
the  expenses  must  be  repaid  by  the  county  of  which  he  was  an  in- 
habitant at  the  time  of  admission  or  by  the  county  from  which  he  was 
sent  if  he  is  without  legal  residence  in  any  county.     The  expense  of 
returning  a  patient  on  temporary  leave,  must  be  paid  by  him  or  by 
his  guardian,  relatives  or  friends,  if  of  sufficient  ability,  or  may  be 
paid  by  his  county  if  a  new  commitment  is  necessary.     The  ex- 
penses of  committing  a  pay  patient  are  to  be  borne  by  the  applicant, 
or  by  a  person  in  his  behalf. 


MASSACHUSETTS 


114 


Woman  at- 
tendant. 
Acts  of  1909, 
ch.  504. 
47- 


By  the 
governor. 
68. 


By  the  com- 
mission. 
Acts  of  1917, 
ch.  131. 


4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

If  a  woman  is  committed  to  an  institution  under  the  supervision 
of  the  state  commission,  the  committing  magistrate  must,  unless  she 
is  accompanied  by  her  father,  husband,  brother  or  son,  designate  a 
woman  to  be  an  attendant  to  accompany  her  thereto. 

5.  TRANSFER   OF  PATIENTS 

The  governor  may  at  any  time  cause  an  inmate  of  a  state  institu- 
tion under  the  supervision  of  the  commission  on  mental  diseases  to  be 
removed  to  another  such  institution  as  the  circumstances  of  the  case 
may  require. 

The  commission  on  mental  diseases  may  transfer  any  inmate  to  or 
from  any  institution  under  its  supervision;  but  no  person  may  be 
confined  or  transferred  as  insane  unless  duly  committed'  by  the 
court,  or  be  confined  in  or  transferred  to  the  Bridgewater  state  hos- 
pital unless  the  inmate  has  been  a  criminal  and  vicious  in  his  life. 
The  commission  may  remove  any  pauper  inmates  to  any  county, 
state  or  place  where  they  belong  and  may  enter  into  agreements 
with  commissioners  of.  other  states  for  the  transfer  of  inmates  from 
one  state  to  the  other.  The  commission  may  not  transfer  any 
person  to  or  from  a  private  institution  except  upon  the  application 
of  the  superintendent  of  such  institution,  nor  transfer  any  voluntary 
inmate  except  with  his  written  consent. 

6.  PAROLE  AND  DISCHARGE   OF  PATIENTS 


Parole  by 
commission. 
Acts  of  1909, 
ch.  504. 
74- 


tendent. 
Acts  of 
ch.  48. 


The  state  commission  may  permit  a  patient  boarded  in  a  family 
as  an  insane  person  to  leave  custody  temporarily  in  charge  of  his 
guardian,  relatives,  friends,  or  himself  for  a  period  not  exceeding 
one  year,  and  may  receive  him  again  into  custody  when  returned  by 
the  guardian,  relatives,  or  friends,  or  upon  his  own  application  within 
this  period  without  a  new  commitment. 

By  the  superin-  The  superintendent  may  permit  any  inmate  to  temporarily  leave 
the  institution  in  charge  of  his  guardian,  relatives  or  friends  or  by 
himself  for  a  period  not  exceeding  twelve  months  and  may  receive 
the  inmate  when  returned.  He  may  require  as  a  condition  of  the 
leave  of  absence  that  the  person  in  whose  charge  the  inmate  is  left, 
must  report  the  condition  of  the  inmate.  The  superintendent  or  the 
person  in  whose  charge  the  inmate  is  left  may  terminate  the  leave 
and  request  the  return  of  the  inmate  to  the  institution. 

The  superintendent  of  any  public  or  private  institution,  when  au- 
thorized by  his  trustees,  by  the  state  commission  on  mental  diseases, 
or  on  a  written  application;  or  a  judge  of  probate  for  the  county  in 
which  the  institution  is  located  or  in  which  the  inmate  has  his  resi- 
dence, or  a  justice  of  the  supreme  judicial  court,  after  due  notice 


Discharge  of 
patients. 
Acts  of  1909, 
ch.  504. 
76. 


115  MASSACHUSETTS 

to  the  superintendent,  trustees,  or  state  commission,  may  discharge 
any  inmate  if  it  appears  that  he  will  be  properly  cared  for  or  that 
his  detention  is  no  longer  necessary  for  his  own  welfare  or  the  safety 
of  the  public.  If  the  guardian  or  any  relative  of  an  inmate  opposes 
the  discharge,  it  may  not  be  made  without  written  notice  to  the 
person  opposing  it.  The  provisions  of  this  section  do  not  apply  to 
persons  committed  by  a  court. 

No  unrecovered  inmate  who  is  known  to  have  committed  orP^serous 

inmates. 

attempted  violence  to  others,  or  who  is  likely  to  become  dangerous,  ?7- 
may  be  discharged  or  given  leave  of  absence  without  the  approval  of 
the  commission  on  mental  diseases.  The  commission  may,  if  it  can 
not  agree  with  the  opinion  of  the  superintendent  in  the  case,  file  a 
petition  for  instructions  in  the  probate  court  of  the  county  in  which 
the  institution  is  situated,  and  may  have  the  patient  examined  by 
one  or  more  experts  in  insanity. 

Pauper  insane  must  upon  discharge  be  provided  with  suitable  ^tj^ne 
clothing  and  money  not  exceeding  $20,  at  the  discretion  of  the  trus-    8l- 
tees.     Inquiry  must  be  made  in  regard  to  the  future  situation  of 
every  patient  about  to  be  discharged.     No  person  may  be  discharged 
or  paroled  temporarily  unless  one  of  the  hospital  physicians  has  ex- 
amined his  mental  condition  within  forty-eight  hours  of  his  departure. 

7.  COST  OF  MAINTENANCE 

All  indigent  insane  are  maintained  at  the  expense  of  the  state.  ^^J^g  by 
The  trustees  may  make  contracts  for  the  support  of  inmates  at  a 
sum  not  less  than  six  dollars  a  week.     The  price  for  the  support  of  *** of 
inmates  not  under  orders  of  the  court  must  be  determined  by  theRecovery- 
commission  at  a  sum  not  exceeding  six  dollars  a  week  and  may  be 
recovered  from  the  person  or  relatives  liable  for  the  support,  if  of 
sufficient  ability.     The  action  for  recovery  must  be  brought  by  the 
attorney  general.     Any  person  making  payment,  may  bring  an 
action  for  recovery  or  contribution  from  persons  liable  for  the  sup- 
port of  an  inmate. 

Any  guardian  or  conservator  who  has  property  of  an  inmate  ^SJjsof 
exceeding  two  hundred  dollars  in  value  who  fails  to  make  payment  Acts  of  1917, 
for  the  support  of  his  ward  in  an  institution  within  three  months 
after  receipt  of  a  bill,  may  be  removed  upon  the  application  of  the 
attorney  general. 

8.  CRIMINAL  INSANE 

If  a  person  charged  with  any  crime  is  at  the  time  appointed  f or  J0e^°[^nt 
trial  or  sentence,  or  prior  thereto,  found  to  be  insane,  or  of  such  ?f  criminal 
mental  condition  that  his  commitment  to  a  hospital  for  the  insane  Acts  of  1917, 
is  necessary  for  the  proper  care  and  observation  pending  the  deter- 


MASSACHUSETTS 


116 


Commitment 
of  insane 
felons. 
Acts  of  1909, 
ch.  504. 
104. 


Commitment 
of  insane 
found  in 
prisons. 
105. 


Acts  of  1917, 
«h.46. 


mination  of  his  insanity,  the  court  may  commit  him  to  a  state  hos- 
pital for  the  insane  and  must  employ  one  or  more  experts  in 
insanity  to  examine  him.  When,  in  the  opinion  of  the  trustees  and 
superintendent  of  the  hospital,  he  is  restored  to  sanity,  he  must  be 
returned  to  the  custody  from  which  he  was  removed,  and  held  in 
accordance  with  the  terms  of  the  process  by  which  he  was  originally 
committed. 

If  a  person  indicted  for  murder  or  manslaughter  is  acquitted  on 
the  ground  of  insanity,  the  court  must  order  him  committed  to  a 
state  hospital  for  the  insane  during  his  natural  life,  and  he  may  be 
discharged  by  the  governor  with  the  advice  and  consent  of  the  coun- 
cil, when  they  are  satisfied  after  an  investigation  of  the  state  com- 
mission on  mental  diseases  that  it  may  be  done  without  danger  to 
others.  Such  a  patient  may  be  permitted  by  the  superintendent, 
with  the  approval  of  the  governor  and  council,  to  leave  the  hospital 
temporarily.  The  commission  on  mental  diseases  must  designate 
two  experts  in  insanity  to  examine,  together  with  trie  prison  physi- 
cians, the  prisoners  in  the  state  prison  or  the  Massachusetts  reform- 
atory or  the  reformatory  prison  for  women,  who  are  alleged  to  be 
insane,  and  report  the  result  to  the  superior  court  of  the  county  in 
which  the  prison  is  situated.  The  court  may,  if  it  considers  the 
prisoner  insane,  order  his  removal,  if  a  male  prisoner,  to  the  Brfdge- 
water  State  Hospital;  and,  if  a  female,  to  one  of  the  state  hospitals 
for  the  insane,  there  to  be  kept  until,  in  the  opinion  of  the  superin- 
tendent and  the  trustees  of  the  hospital,  he  or  she  should  be  returned 
to  prison.  If  a  prisoner  under  sentence  in  a  jail,  house  of  correction 
or  prison  other  than  those  mentioned  in  the  preceding  paragraph, 
appears  to  be  insane,  the  physician  in  attendance  must  make  a  report 
to  be  transmitted  to  the  proper  judge,  who  may  order  the  prisoner 
removed  to  a  state  hospital  for  the  insane.  If  a  person  so  removed  is 
restored  to  sanity,  he  must  be  returned  to  the  prison  or  house  of 
correction  from  which  he  was  removed,  to  remain  pursuant  to  the 
original  sentence. 


117 
MICHIGAN 

Authorities: 

Howell's  Michigan  Statutes,  1913 
Laws  of  Michigan,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  state   board  of   charities  and  corrections 
composed  of  four  residents  of  the  state,  appointed  by  the  governor 
for  terms  of  eight  years.     The  governor  is  ex-officio  a  member  of  the 
board. 

The  members  of  the  board,  or  one  of  their  number,  or  their 
secretary,  must  at  least  once  a  year  visit  and  inspect  state  and  local 
charitable  and  correctional  institutions  to  ascertain  their  condition 
and  management.  They  have  authority  to  administer  oaths  and  to 
examine  any  person  connected  with  the  institutions.  They  serve 
without  pay  and  make  a  biennial  report  to  the  governor. 

b.  Institutional.     Each  of  the  state  hospitals  for  the  insane 
under  a  board  of  trustees  of  six  members  appointed  by  the  governor    3645. 
for  terms  of  six  years  and  subject  to  removal  by  him.     The  psycho- 
pathic hospital  is  under  the  direction  of  a  board  of  trustees  com- 
posed of  four  members  selected  from  the  boards  of  trustees  of  the 
state  hospitals  for  the  insane  and  an  equal  number  of  the  members    3853. 
of  the  board  of  regents  of  the  state  university.     The  state  hospital    *S39i. 
for  the  dangerous  and  criminal  insane  is  controlled  by  a  board  of 
trustees  consisting  of  three  members. 

The  government  and  exclusive  control  of  the  several  hospitals  is 
vested  in  the  several  boards  of  trustees,  who  serve  without  compensa- 
tion. The  boards  have  control  of  all  the  property,  exercise  general 
supervision,  appoint  medical  superintendents,  treasurers,  and  other 
employees,  determine  the  salaries  of  employees,  and  establish 
rules.  The  boards  of  trustees  meet  jointly  at  least  twice  each  year 
at  the  different  hospitals  to  adjust  all  questions  that  may  arise 
pertaining  to  their  institutions;  and  the  joint  boards  may  transfer 
patients  from  one  hospital  to  another  if  it  becomes  necessary  or 
desirable. 

The  medical  superintendent  of  each  hospital,  subject  to  the  regula-  superintend- 
tions  established  by  the  board  of  trustees,  has  general  oversight  of    3649. 
the  institution,  nominates  co-resident  officers  and  appoints  other 
assistants. 

The  Wayne  county  hospital  for  the  insane  is  under  the  manage 
ment  of  the  board  of  county  superintendents  of  the  poor,  consisting    3694- 
of  seven  members  elected  in  the  same  manner  as  other   county 
officials . 


iion. 


MICHIGAN  118 

2.  CARE 

a.  In  state  institutions. 

Kalamazoo  State  Hospital,  Kalamazoo ;  established  1848;  2,250  beds. 

Pontiac  State  Hospital,  Pontiac;  established  1873;  1,600  beds. 

traverse  City  State  Hospital,  Traverse  City;  established  1881; 
1,700  beds. 

Ionia  State  Hospital,  Ionia;  established  1883;  518  beds  (for  crimi- 
nal and  dangerous  insane). 

Newberry.  State  Hospital,  Newberry ;  established  1895;  1,000  beds. 

State  Psychopathic  Hospital,  University  of  Michigan,  Ann  Arbor; 
established  1906;  60  beds. 

b.  In  local  institutions.     Wayne  county  maintains  an  institu- 
tion for  the  insane,  known  as  Eloise  hospital  at  Eloise.     Patients 
are  transferred  from  county  to  state  charges  as  in  the  state  hospitals, 
and  Eloise  hospital  maintains  some  600  state  patients.     A  few  in- 
sane persons  are  cared  for  in  the  county  infirmaries. 

3.  COMMITMENT 

perlonl°f  a*  Persons  committed.     All  insane  residents  of  the  state,  not 

3653.  feebleminded  or  epileptic,  are  entitled  to  admission  to  the  state 

hospitals. 

The  following  classes  of  patients  may  be  admitted  to  the  state 
hospitals  for  the  insane:  (1)  public  patients,  maintained  at  the 
expense  of  the  state;  (2)  private  patients  maintained  without 
expense  to  the  state;  (3)  voluntary  patients  who  are  not  insane,  and 
are  maintained  either  at  private  or  state  expense. 

No^"/oSidents'  ^  non-resident  may  be  admitted  to  a  hospital  for  temporary  care, 
pending  his  return  to  his  home;  and  boards  of  trustees  must  remove 
any  person  admitted  to  a  hospital  who  has  not  acquired  a  legal 
settlement  in  the  state  to  the  country  or  state  to  which  he  belongs. 

Jobat^court        **•  Legal  procedure  in  commitment.    The  father,  mother,  hus- 
9656.  band,  wife,  brother,  sister  or  child  of  a  person  alleged  to  be  insane, 

or  the  sheriff,  or  any  superintendent  of  the  poor,  or  supervisor  of 
any  township,  or  any  peace  officer  within  the  county  in  which  an 
alleged  insane  person  is  found,  may  petition  the  probate  court  of  the 
county  for  his  admission  to  a  hospital  for  the  care  of  the  insane.  The 
petition  must  contain  a  statement  of  the  facts  upon  which  the  al- 

Hearing.  legation  of  insanity  is  based.  The  court  must  fix  a  day  for  a  hearing 
and  appoint  two  reputable  physicians  to  make  the  required  examina- 
^on  °^  ^c  alleged  insane  person,  whose  certificate  must  be  filed  with 
the  court  on  or  before  hearing  and  served  personally,  at  least  twenty- 
four  hours  before  the  hearing,  upon  the  person  alleged  to  be  insane, 
and  if  made  by  a  sheriff  or  peace  officer,  also  upon  the  father,  mother, 
husband,  wife  or  some  one  next  of  kin  of  the  alleged  insane  person, 


119  MICHIGAN 

residing  within  the  county,  and  upon  such  of  the  relatives  outside  of 
the  county  and  within  the  state  as  may  be  ordered  by  the  court,  and 
also  upon  the  person  with  whom  the  alleged  insane  person  may  re- 
side. The  court  may  dispense  with  personal  service  or  may  direct 
substitute  service  to  be  made  upon  some  person  to  be  designated  by 
it.  In  such  cases,  the  court  must  appoint  a  guardian  ad  litem  to 
represent  the  insane  person  at  the  hearing.  The  court  must  in-  investigation 
stitute  an  inquest  as  to.  the  alleged  insanity  of  the  person,  and  in  all 
cases  take  proofs  in  writing  of  the  financial  circumstances  of  his 
relatives  legally  liable  for  his  support,  and  as  to  the  person's  legal 
settlement.  If  no  jury  is  demanded,  the  probate  court  determines 
the  question  of  the  sanity  or  insanity.  If  the  court  deems  it  neces- 
sary, or  if  the  alleged  insane  person,  or  any  relative,  or  other  person 
concerned  demand  it,  a  jury  must  be  summoned  to  determine  the  Jufy- 
question  of  insanity.  If  it  appears  upon  the  certificate  of  two  legally 
qualified  physicians  to  be  necessary,  the  court  may  order  the  alleged 
insane  person  to  be  placed  in  the  custody  of  some  suitable  person  or  Commitment, 
to  be  removed  to  the  state  hospital  of  the  district  in  which  he  resides, 
or  to  any  hospital,  home  or  retreat  pending  the  proceedings  for 
commitment,  but  not  for  more  than  thirty  days,  except  by  special 
order  of  the  court.  The  alleged  insane  person  has  the  right  to  be 
present  at  the  hearing.  No  person  may  be  admitted  to  an  insti- 
tution under  order  of  commitment  after  the  expiration  of  thirty 
days  from  its  date. 

The  board  of  trustees  of  the  Traverse  City  Hospital  may  prescribe  ^aws  of  wi» 
rules  and  regulations  for  the  admission  of  patients. 

Persons  who  are  mentally  disordered  but  regarding  whom  there  is  ^. 
doubt  as  to  their  being  insane  may  be  committed,  under  the  rules  st* 
of  the  trustees,  to  the  psychopathic  hospital  for  observation  for 
period  not  exceeding  thirty-five  days. 

No  resident  of  the  state  may  be  held  as  a  public  or  private  patient  J^' 
in  any  hospital,  public  or  private,  or  in  any  institution  for  the  care  or  statutes, 
treatment  of  the  insane,  except  upon  certificates  of  insanity  and  an 
order  for  admission;  provided,  that  a  person  adjudged  to  be  so  ad-  inebriates, 
dieted  to  the  excessive  use  of  intoxicating  liquors  or  narcotics  as  to 
be  in  need  of  medical  treatment  and  care,  for  whom  a  guardian  has 
been  appointed,  may  be  restrained  by  the  guardian  in  some  suitable 
hospital  or  asylum;  provided,  further,  that  a  judge  of  any  court  of  Temporary 
record  or  police  justice  of  any  city  or  county  may,  upon  a  certificate 
of  two  legally  qualified  physicians,  authorize  any  superintendent  of 
the  poor  or  peace  officer  of  the  city  or  county  to  remove  to  a  hospital 
or  other  place  of  detention,  a  person  believed  to  be  insane  against 
whom  no  proceedings  have  been  instituted  and  detain  him  until 
proceedings  are  instituted  in  the  probate  court.     The  period  of  such 


MICHIGAN  120 

temporary  detention  must  not  exceed  five  days,  unless  by  order  of 
the  probate  court. 

insanfty*1"  °f       Certificates  of  insanity  must  be  made  by  two  reputable  physicians, 

3655.  under  oath,  appointed  by  the  probate  court  of  the  county  in  which 

the  alleged  insane  person  resides.     The  physicians  must  be  per- 

ftySns5  rnanent  residents  of  the  state,  duly  registered,  have  the  qualifica- 
tions prescribed  by  the  laws  of  the  state  for  the  practice  of  medicine 
and  surgery,  and  may  not  be  related  by  blood  or  marriage  to  the 
insane  person  nor  to  the  person  applying  for  the  certificate.  Their 
qualifications  must  be  certified  by  the  clerk  of  the  county  in  which 
they  reside.  Neither  of  the  physicians  may  have  any  interest 
directly  or  indirectly  in  the  institution  to  which  it  is  proposed  ta 
commit  the  person.  The  physicians  must  make  a  personal  ex- 

fxamination     ammation  of  the  alleged  insane  person  enabling  them  t'o  form  an 

required.  opinion  as  to  his  sanity  or  insanity,  and  no  certificate  of  insanity 
may  be  made  except  after  personal  examination.  Certificates  of 
insanity  must  contain  the  facts  and  circumstances  upon  which  the 
opinion  of  the  physicians  is  based,  and  show  that  the  condition  of  the- 
person  examined  requires  his  care  and  treatment  in  a  hospital  for  the 
insane.  A  copy  of  the  physician's  certificate  together  with  a  copy 
of  the  application  for  commitment  of  the  patient  must  accompany 
the  order  of  commitment. 

Cr°ivatetment  to     When  the  state  hospitals  are  unable  to  receive  patients  for  lack  of 

h°3S66?ls'  room,  the  court  is  authorized  to  order  the  admission  of  any  person 
who  has  been  adjudged  to  be  insane  as  a  public  patient  to  any 
private  hospital  in  the  state  with  which  a  contract  for  the  care  and 
maintenance  of  public  patients  has  been  made.  If  relatives  or 
friends  request  it,  the  court  must  order  his  commitment  to  a  private 
institution  for  the  insane. 

Seized  c*  Voluntary  admission.     All  residents   of    the    state    who    are 

3669.  afflicted  mentally,  or  with  serious  nervous  disability,  but  who  are 

not  insane,  may  be  admitted  to  the  hospitals  as  voluntary  patients, 
at  the  discretion  of  the  medical  superintendent  and  under  special 
agreement,  when  there  is  room.  No  order  of  probate  court  is 
necessary  for  such  admission.  In  the  case  of  any  voluntary  patient, 

and'court  a  certificate,  signed  by  two  reputable  physicians  having  the  qualifi- 
cations  prescribed  by  law,  stating  that  the  person  needs  hospital 
treatment  but  is  not  insane,  must  be  presented  to  the  medical 
superintendent.  The  certificate  must  be  accompanied  by  a  cer- 
tificate from  the  county  clerk.  Voluntary  patients  may  be  dis- 
charged  at  any  time  by  the  medical  superintendent.  Indigent 
patients  may  be  admitted  as  voluntary  patients.  If  any  voluntary 

Commitment,  patient  in  any  hospital  of  this  state  is  believed  to  be  insane,  he  may 
be  admitted  to  a  hospital  as  insane  by  order  of  the  probate  court 


121  MICHIGAN 

in  the  county  in  which  he  lives  after  the   prescribed    legal    pro- 
ceedings. 

d.  Appeal  from  commitment.     Anyone  in  custody  as  an  insane  Writ  of  habeaa 
person  in  any  hospital,  home  or  retreat,  is  entitled  to  a  writ  of  habeas    3675- 
corpus  upon  a  proper  petition  to  the  circuit  court  of  the  county  of 

which  the  hospital,  home  or  retreat  is  situated,  made  by  him  or  some 
friend  in  his  behalf. 

e.  Cost  of  commitment.     The  expenses  of  committing  a  person  to  JJjjJ,^ the 
a  hospital,  including  the  cost  of  transportation,  necessary  clothing,    3679- 
etc.,  are  paid  by  the  county  of  which  the  person  is  a  resident,  if  he 

has  no  estate  out  of  which  it  can  be  collected. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  judge  of  probate  may  appoint  a  proper  person  to  convey  an ftt^|nt 
insane  patient  to  the  hospital.     A  female  patient  must  be  accom-    368°- 
panied  by  her  father,  brother,  husband,  son  or  a  female  attendant. 

5.  TRANSFER  OF  PATIENTS 

The  medical  superintendent  of  any  hospital  for  the  insane  must  ^dentsupe"n" 
apply  to  his  board  of  trustees  for  authority  to  transfer  any  insane    3667. 
person  or  person  under  treatment  and  supported  by  the  state  who 
exhibits  dangerous  or  homicidal  tendencies  to  the  hospital  for  the 
dangerous  insane. 

6.  PAROLE  AND   DISCHARGE   OF  PATIENTS 

The  superintendent  of  a  hospital  may  grant  a  parole  to  a  private  flu°1^ 
patient  for  not  more  than  thirty  days  under  conditions  prescribed 
by  the  board  of  trustees. 

Medical  superintendents  may  discharge  patients  who  have  re- Discharge  by 

i  11  i  t  .     i    .    •  L    i  ±  11-  11-  superintendent. 

covered  as  well  as  those  who  are  not  detnmental  to  public  welfare.  3673. 
When  a  superintendent  is  unwilling  to  discharge  an  unrecovered 
patient  upon  request,  the  probate  court  of  the  county  from  which  By  probate 
the  patient  was  admitted  into  the  hospital  may,  after  a  hearing  has 
been  accorded  the  superintendent,  direct  the  discharge  of  the  patient, 
upon  such  security  as  the  court  may  require.  A  patient  who  has 
been  discharged  by  the  medical  superintendent  may,  with  his  ap- 
proval, be  readmitted  to  the  hospital  under  the  original  order  of 
admission  at  any  time  within  six  months  after  the  date  of  the  dis- 
charge, but  thereafter  only  upon  a  new  adjudication  of  insanity  and 
order  for  admission. 

No  patient  may  be  discharged  without  suitable  clothing,  and  C1jgj*- 
money  not  exceeding  $25  for  his  necessary  expenses  until  he  can 
reach  his  relations  or  friends,  or  his  employment  to  earn  a  sub- 
sistence. 


MICHIGAN 


122 


Petition  for 

restoration 

to"  sanity. 

3674- 


Private 
patients. 
3657. 


Public 
patients. 
3659- 

3660. 


Guardian. 
3659. 


Persona  ac- 
quitted of 
crime. 
15408. 


Persons  con- 
victed of 

crime. 
15409. 


When  any  person  adjudged  insane  is  discharged  from  custody  and 
not  again  received  into  any  hospital,  home,  or  retreat,  petition  may 
be  presented  to.  the  court  for  an  order  declaring  him  restored  to 
soundness  of  mind.  The  court  must  fix  a  time  for  hearing  the  case. 
The  testimony  of  at  least  two  reputable  physicians,  establishing  the 
sanity  of  such  person,  is  required.  (See  3.  d.  Appeal  from  commit- 
ment; habeas  corpus.) 

7.  COST  OF  MAINTENANCE 

If  a  bond  for  the  support  of  an  insane  person  is  executed  by  at 
least  two  persons  approved  by  the  probate  court,  together  with  the 
required  advance  payment  toward  his  support,  his  admission  must 
be  ordered  as  a  private  patient;  otherwise,  as  a  public  patient.  The 
county  in  which  the  proceeding  is  had  is  liable  to  the  state  for  the 
support  of  the  patient  until  the  bond  and  advance  payment  are 
delivered  to  the  medical  superintendent.  At  the  request  of  the 
medical  superintendent,  the  court  must  require  the  persons  executing 
the  bond  to  justify  their  responsibility  anew  or  order  that  a  new 
bond  be  given,  and  unless  this  be  done,  the  insane  person  is  to  be 
regarded  as  a  public  patient.  In  case  the  admission  of  the  insane 
person  is  ordered  as  a  public  patient,  then  the  county  of  which  he 
is  a  resident  is  liable  to  the  state  for  the  support  of  such  patient 
for  one  year.  If  a  public  patient  has  an  estate  out  of  which  the  state 
may  be  reimbursed  for  his  maintenance,  the  court  must  direct  such 
payment  out  of  his  estate  for  the  cost  of  his  maintenance  at  the 
hospital  as  it  deems  just.  The  court  on  making  an  order  of  com- 
mitment may  appoint  a  temporary  guardian  for  an  insane  person 
until  a  guardian  both  of  his  person  and  estate  can  be  regularly 
appointed. 

8.  CRIMINAL  INSANE 

When  a  person  accused  of  crime  has  escaped  indictment,  or  has 
been  acquitted  upon  trial,  upon  the  grounds  of  insanity,  the  court 
must  inquire  whether  his  insanity  in  any  degree  continues,  and,  if 
it  does,  must  order  him  to  be  sent  to  the  state  hospital  for  the 
dangerous  insane.  All  persons  who  are  adjudged  insane,  and  pre- 
viously have  been  convicted  of  crime,  or  at  the  time  of  such  ad- 
judication are  in  confinement  on  a  criminal  charge,  must  be  admitted 
to  this  hospital.  If  any  such  person  has  been  admitted  to  any  of  the 
other  hospitals,  the  medical  superintendent  thereof  may  have  him 
removed  to  the  above  hospital. 

All  persons  who  are  adjudged  insane,  and  who  before  such  ad- 
judication have  been  convicted  of  crime  or  are  patients  in  the  state 
hospital  for  the  criminal  insane,  or  who  at  the  time  of  such  adjudi- 


123  MICHIGAN 

cation  are  confined  on  a  criminal  charge,  must  be  admitted  to  the 
state  hospital.  If  any  such  person  is  admitted  to  any  of  the  other 
hospitals  the  medical  superintendent  may  cause  him  to  be  removed 
to  the  state  hospital  for  the  dangerous  insane  where  he  shall  be 
received  and  admitted  as  a  patient. 

When  a  physician  of  the  house  of  correction,  reformatory,  or  state  p^*^feerrs  of 
prison  certifies  to  the  officer  in  charge  that  an  inmate  is  insane,  the  15416- 
officer  if  satisfied  that  the  inmate  is  insane  must  cause  him  to  be 
transferred  to  the  state  hospital  for  the  criminal  insane.  When 
recovered,  he  must  be  returned  to  the  institution  from  which  he 
came.  If  the  patient  continues  insane  after  the  expiration  of  his 
sentence,  application  must  be  made  within  five  days  to  the  judge 
of  probate  for  the  patient's  commitment  and  retention  in  the  hos- 
pital; but  such  a  convict  must  be  delivered  to  friends  if  they  give 
surety  approved  by  the  governing  board  for  the  patient's  mainte- 
nance and  good  behavior. 


124 


Board  of 
control. 

General 

statutes. 

4001. 

4003. 


4009. 
4016. 

4021. 


4036. 


4018. 


Superintend- 
ent. 
4009. 


MINNESOTA 

Authorities: 

General  Statutes  of  Minnesota,  1913 
Laws  of  Minnesota,  1917 

i.  ADMINISTRATION  AND   SUPERVISION 

a.  General.     The  state  board  of  control  is  composed  of  three 
members,  appointed  by  the  governor,  for  terms  of  six  years.     Each 
member  of  the  board  receives  a  salary  of  $4,500  per  annum  and  must 
devote  all  his  time  to  the  duties  of  the  board. 

The  board  of  control  has  exclusive  management  of  the  hospitals 
and  asylums  for  the  insane,  including  full  authority  in  all  financial 
matters.  The  board  may  appoint  a  purchasing  agent  for  each 
institution,  and  must  appoint  a  chief  executive  officer  for  each, 
subject  to  removal  for  misconduct  or  incompetency.  The  board 
determines  the  compensation  of  all  officers  and  employees,  except 
when  it  is  fixed  by  law,  and  prescribes  regulations  in  regard  to  the 
duties  of  the  employees  under  its  control  and  methods  of  accounting 
and  keeping  records.  Each  hospital  and  asylum  for  the  insane  must 
be  visited  by  a  member  or  the  secretary  of  the  board  once  in  each 
month.  The  board  may  appoint  a  competent  woman  to  visit  and 
report  upon  such  institutions.  The  board  must  prepare  for  the  use 
of  the  legislature  biennial  estimates  for  appropriations  necessary  for 
the  support  of  the  hospitals  and  asylums  and  for  extraordinary  ex- 
penditures for  buildings  and  other  improvements.  It  must  keep 
records  showing  the  residence,  sex,  age  and  other  facts  in  regard  to 
each  patient  in  each  of  the  institutions  under  its  control,  together 
with  full  information  about  their  condition  upon  discharge  and  other 
similar  information.  To  secure  uniformity  in  the  examination  and 
commitment  of  the  insane,  the  board  prescribes  the  forms  of  blanks 
that  are  used. 

The  board  must  gather  and  disseminate  information  about  the 
best  methods  of  caring  for  the  insane,  encourage  scientific  investiga- 
tion in  the  hospitals  and  publish  the  results.  The  board  is  required 
to  make  a  biennial  report  to  the  governor  in  detail. 

b.  Institutional.     There  are  no  local  boards  of  trustees.     The 
superintendent  of  each  hospital  or  asylum  has  authority  to  appoint 
and  discharge  all  assistants  and  other  employees  required  for  the 
management,  subject  to  the  consent  of  the  board  of  control.     Each 
superintendent  is  required  to  make  an  annual  report  in  prescribed 
form  to  the  board  of  control. 


125  MINNESOTA 

2.  CARE 

a.  In  state  institutions. 

St.  Peter  State  Hospital,  St.  Peter;  established  1866;  1,300  beds. 
Rochester  State  Hospital,  Rochester;  established  1877;  1,200  beds. 
Fergus  Falls  State  Hospital,  Fergus  Falls;  established  1890;  1,600 

beds. 

Anoka  State  Asylum,  Anoka;  established  1900;  900  beds. 
Hastings  State  Asylum,  Hastings;  established  1900;  760  beds. 
Willmar  State  Asylum,  Willmar;  established  1917;  100  beds. 

In  connection  with  each  of  the  first  three  hospitals  there  is  a 
•detention  hospital  in  which  patients  are  received  for  voluntary 
treatment  or  for  examination  before  final  commitment.  Insane 
persons  are  received  also  at  the  Hospital  Farm  for  Inebriates  at 
Willmar.  The  criminal  insane,  insane  criminals,  and  other  danger-  4102. 
ous  insane  persons  are  cared  for  at  the  asylum  for  the  dangerous 
insane,  a  building  maintained  in  connection  with  the  state  hospital 
at  St.  Peter. 

b.  In  local  institutions.     Practically  no  insane  are  maintained  at 
the  county  poorhouses. 

c.  In  families.     Whenever  the  superintendent  of  a  hospital  re- .Boardine  °ut 
ports  to  the  board  of  control  that  any  insane  person  under  his  charge    4096. 

is  incurable  or  not  likely  to  be  further  benefited  by  treatment,  that 
he  may  be  safely  cared  for  in  a  private  family,  and  that  his  own 
family  is  not  able  to  support  him,  the  board  may  authorize  the 
superintendent  to  place  him  in  a  suitable  private  family,  at  an  ex- 
pense not  exceeding  $3  per  week.  The  superintendent,  or  some  one 
delegated  by  him,  must  visit  such  patient  once  in  three  months, 
and  may  at  any  time  direct  his  return  to  the  institution. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons  who  have  a  settlement  * 

in  a  county,  town,  city  or  village,  must  be  admitted  to  an  institution  4046 
for  the  insane,  except  that  the  board  of  control  may  authorize  ad- 
mission when  the  residence  is  not  ascertained  or  when  circumstances 
make  admission  advisable.  When  application  is  made  to  a  judge 
of  probate  for  the  admission  to  any  hospital  or  asylum,  and  he  finds 
that  the  person  by  whom  the  application  is  made  has  no  residence 
or  that  his  residence  can  not  be  ascertained,  he  must  report  to  the 
board  and  may  recommend  that  the  person  be  admitted  notwith- 
standing. If  the  board  finds  that  the  person  has  a  legal  residence  in 
another  state,  it  may  have  him  returned  to  it. 

b.  Legal  procedure  in  commitment.     When  any  person  who  is  a  JjJJ^ 
resident  of  the  state  is  supposed  to  be  insane,  any  relative,  guardian,  <^344 
or  reputable  citizen  of  the  county  in  which  the  person  resides  or  is 
found  may  file  a  certified  petition  in  the  probate  court.     The  court 


MINNESOTA  126 

may  issue  a  warrant  directing  the  person  to  be  brought  before  the 
court  for  examination. 

Examination.  The  county  attorney,  upon  an  order  from  the  court,  must  appear 
in  behalf  of  the  person  to  be  examined,  and  the  court  must  appoint 
two  licensed  physicians,  who  with  the  probate  judge  constitute  a 
board  to  examine  the  person  and  determine  as  to  his  insanity. 
If  the  person  is  obviously  insane,  the  probate  judge  may  dispense 
with  the  board  of  examiners,  and  may  hear  and  determine  the 
matter,  if  the  county  attorney  consents. 

Report.  When  the  examination  is  completed,  the  board  must  determine 

whether  the  person  is  insane,  and  report  the  proceedings  to  the  court 

commitment.  UpOn  forms  authorized  by  the  board  of  control.  If  the  person  ex- 
amined is  found  to  be  insane,  the  court  must  commit  him  to  the 
custody  of  the  superintendent  of  the  proper  state  hospital  or  to  the 
superintendent  or  keeper  of  any  private  licensed  institution  for  the 
care  of  insane  persons. 

"•  The  probate  judge,  with  the  approval  of  the  county  board,  may 

provide  a  place  of  temporary  detention  for  the  insane,  making  the 
necessary  contracts,  but  may  not  erect  a  hospital  for  the  purpose.  All 
necessary  expenses  of  such  temporary  detention  shall  be  paid  by  the 
county-  When  the  probate  judge  is  unable  to  act,  all  of  his  duties 
may  be  performed  by  the  court  commissioner. 

S>rurtrs  °f  the     When  the  health  or  condition  of  a  child  under  17  years  of  age 

scutes          requires  it  the  court  may  cause  the  child  to  be  placed  in  an  institution 
7162.  for  treatment  and  special  care. 

to°deTendonts       Each  person  found  to  be  insane,  except  the  criminal  insane,  may 

hospitals.  be  committed  to  the  proper  detention  hospital,  to  be  kept  and  treated 
until  the  superintendent  determines  and  certifies  either  that  he  is  not 
insane  or  that  he  is  a  fit  subject  for  a  state  hospital  for  the  insane. 
If  he  is  found  to  be  sane,  he  must  be  discharged,  as  provided  by  law 
in  other  cases.  If  after  a  reasonable  time,  the  superintendent  deems 
him  a  fit  subject  for  a  state  hospital  or  asylum,  and  so  certifies  to  the 
state  board  of  control,  it  must  transfer  him  to  a  hospital  or  asylum. 

omunitted  ^ny  husband,  wife,  parent,  son,  daughter  or  guardian,  believing 

4086.  his  wife,  husband,  father,  son,  daughter,  mother,  brother,  sister  or 

ward,  to  be  afflicted  with  mental  disease  for  which  such  person  should 
be  treated  at  a  detention  hospital,  may  apply  to  the  judge  of  probate 
of  the  county  in  which  the  patient  is  a  resident  for  the  appointment 
of  a  board  of  three  physicians,  one  of  whom  must  be  the  family 
physician,  if  there  be  such.  The  judge  of  probate  of  the  county 
must  immediately  appoint  such  board  to  determine  whether  the 
patient  is  in  need  of  treatment  at  a  detention  hospital;  and  if  a 
majority  of  the  board  so  determines,  the  patient  may  be  placed  in 
the  detention  hospital  by  the  relative  who  must  sign  the  necessary 


127  MINNESOTA 

application  therefor,  in  the  same  manner  and  under  the  same  re- 
strictions and  provisions  as  for  detention  in  the  hospitals  for  the 
insane.  When  information  is  filed  with  any  judge  of  probate  that  a  4°87< 
resident  of  his  county  is  in  need  of  treatment  at  a  detention  hospital, 
he  must  make  proper  investigation,  and,  if  it  substantiates  the  in- 
formation filed,  at  once  appoint  a  board  to  determine  whether  the 
proposed  patient  is  in  need  of  the  treatment,  and  if  he  so  determines, 
the  patient  must  be  placed  in  a  detention  hospital  under  the  same 
restrictions  that  govern  voluntary  admissions. 

At  each  city  or  village  where  a  state  hospital  for  the  insane  is  c^mfiiS*1 
located,  a  state  hospital  commission,  composed  of  three  reputable    4089. 
persons,  at  least  one  of  whom  is  a  duly  qualified  physician,  must  be 
appointed  by  the  judge  or  judges  of  the  district  court  of  the  county 
in  which  the  detention  hospital  is  situated,  to  hold  office  for  two 
years.     The  commission  has  power  to  examine  alleged  insane  persons 
and  determine  whether  they  are  insane.     The  state  hospital  com-    4090. 
mission  must  meet  at  the  detention  hospital  as  often  as  may  be 
requested  by  the  superintendent  thereof,  but  not  oftener  than  twice 
each  month,  except  in  cases  requiring  immediate  action. 

c.  Voluntary  admission.  Any  person  believing  himself  to  be  Ap4p^tion- 
afflicted  with  mental  disease  and  desiring  to  receive  treatment  at  a 
detention  hospital  may  voluntarily  place  himself  therein.  Before 
being  admitted,  he  must  make  and  sign  a  written  application  as 
provided  by  the  board  of  control.  When  an  application  has  been 
signed  in  presence  of  two  witnesses,  not  officers  or  employees  of  the 
detention  hospital  and  delivered  to  the  superintendent,  the  ap- 
plicant may  be  received  into  the  hospital  for  treatment.  The  super- 
intendent is  authorized  to  continue  the  detention  of  such  a  patient 
when  in  his  judgment  the  condition  of  the  patient  requires  it. 
Should  the  patient  demand  his  release  from  the  hospital  and  it  is 
deemed  unsafe,  the  superintendent  must  within  three  days  call  in 
the  state  board  of  control  to  take  charge  of  the  case  and  deter- 
mine whether  the  patient  is  insane.  If  adjudged  insane,  he  must  be 
committed  to  the  hospital.  If  found  to  be  sane,  he  must  be  required 
to  leave  the  hospital. 

Any  person  who  is  defective  and  desires  to  receive  treatment  at  a  feee"°adsm™sk.n. 
state  institution,  may  voluntarily  make  application  to  the  state  ^S4°| I917> 
board  of  control  for  admission  under  the  rules  of  the  board.  2- 

The  superintendent  of  the  institution  may  detain  any  voluntary 
patient  in  the  same  manner  as  other  patients,  unless  the  person  is  patients 
ordered  discharged  by  the  court.  If  the  person  demands  his  release 
and  the  superintendent  deems  it  unsafe  to  discharge  the  person,  a 
petition  for  commitment  must  be  filed  in  the  probate  court  by  the 
superintendent  within  three  days. 


MINNESOTA 


128 


8a84. 


Laws  of  1917, 
ch.  344- 
14. 


By  the  board. 
General 
Statutes. 
4037. 


**'  APPeal  fr°m  commitment.  Every  person  restrained  of  his 
liberty  may  prosecute  a  writ  of  habeas  corpus.  Application  for  such 
writ  must  be  by  petition  to  the  supreme  court,  or  to  the  district 
court  of  the  county  within  which  the  petitioner  is  detained. 

e.  Cost  of  commitment.  The  expenses  of  the  examination  and 
commitment  of  an  insane  person  are  chargeable  to  the  county  of 
which  he  is  a  legal  resident.  In  case  of  dispute,  the  board  of  control 
determines  the  question  of  residence. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

It  is  the  duty  of  the  sheriff  of  the  county,  together  with  such  at- 
tendants as  shall  be  designated  by  the  judge  of  probate,  to  convey  an 
insane  patient  to  the  hospital. 

5.  TRANSFER  OF  PATIENTS 

The  board  of  control  may  transfer  patients  from  one  hospital  or 
asylum  for  the  insane  to  another  or  to  and  from  the  school  for  feeble- 
minded. 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

?endentsuperin~     Whenever  he  deems  it  advisable,  the  superintendent  may  allow 

4°s>7.  a  patient  to  be  absent  on  parole  for  a  period  not  exceeding  six 

months.     The  order  of  commitment  remains  in  force  until  he  is 

4022.  legally  discharged,  and  he  may  be  recalled  at  any  time.     The  state 

board  of  control  must  so  far  as  possible  exercise  supervision  over 

paroled  patients  and  may  for  that  purpose  appoint  one  or  more  state 

4023-  agents.     It  may  also  appoint  suitable  persons  in  any  part  of  the  state 

for  the  same  purpose.     No  one  may  be  appointed  as  such  agent  who 

has  not  had  at  least  a  year's  experience  in  caring  for  patients  at  a 

hospital  for  the  insane. 

The  superintendent  may  discharge  any  patient  certified  by  him 
to  be  recovered,  except  those  charged  with  or  convicted  of  some 
criminal  offense.  In  all  other  cases,  patients  must  be  discharged  by 
the  board  of  control.  When  discharged,  a  patient  must  be  provided 
with  sufficient  money  to  defray  his  expenses  to  his  destination.  > 

When  in  the  judgment  of  the  superintendent  of  the  detention 
hospital  any  patient,  either  voluntary  or  otherwise,  has  recovered, 
he  must  be  required  to  leave  the  institution.  If  the  superintendent 
is  of  the  opinion  that  the  patient  is  insane  and  that  longer  treatment 
in  the  detention  hospital  will  be  of  no  benefit,  he  must  report  the 
case  to  the  state  hospital  commission.  If  adjudged  insane  by  this 
commission,  the  patient  must  be  committed  as  provided;  if  adjudged 
sane,  he  must  be  required  to  leave  the  institution. 

Any  person  alleged  or  found  to  be  insane  may  be  paroled  in  the 
care  of  relatives  or  friends,  but  the  probate  judge,  or  the  superin- 


4098. 


From 

detention 

hospitals. 


Laws  of  1917, 
ch.  344. 

12. 


129  MINNESOTA 

tendent  if  the  person  has  been  committed  to  a  hospital,  may  require 
a  bond  from  them  for  the  care  and  safe  keeping  of  the  person;  but  no 
person  charged  with  or  convicted  of  a  crime  shall  be  so  paroled. 

Whenever  any  person  committed  to  a  hospital  for  the  insane  under    J3- 
this  act  is  discharged  or  transferred  to  another  institution,  the 
superintendent  must  so  notify  the  probate  judge  of  the  county  from 
which  the  person  was  committed. 

7.  COST    OF  MAINTENANCE 

Whenever  a  person  committed  by  a  probate  court  has  been  re-c^_394< 
ceived  by  a  state  hospital,  the  judge  or  clerk  of  the  court  must  notify 
the  board  of  control,  sending  a  copy  of  the  commitment  proceedings. 
The  superintendent  of  the  hospital  must  investigate  into  the  estate 
of  every  patient  received,  also  that  of  the  relatives  or  guardian,  and 
report  to  the  board  of  control. 

It  is  the  duty  of  the  judge  of  probate  and  county  attorney  to    3~ 
inquire  fully  into  the  property  and  estate  of  persons  committed  and 
of  persons  liable  for  support,  and  to  report,  with  recommendations 
as  to  the  extent  the  estate  or  relatives  should  be  held  liable,  to  the 
board  of  control. 

For  the  maintenance  of  each  inmate  of  a  state  institution  for  the    4* 
insane  the  state  has  a  valid  claim  of  $10  a  month  against  the  estate 
of  the  patient,  or  against  the  spouse,  children,  and  parents  in  the 
order  named.     If  it  deems  it  advisable,  the  board  may  relieve  the    6- 
estate  and  the  relatives  from  a  portion  or  all  of  the  liability.     The 
board  may  bring  suit  against  the  estate  or  relatives  if  payment  is 
not  made  within  thirty  days  after  demand. 

The  board  is  fully  empowered  to  investigate  the  estates  of  persons    8* 
liable  for  the  support  of  inmates  of  state  hospitals.     If  the  board  is 
unable  to  collect,  the  prosecuting  attorney  of  the  proper  county 
shall,  when  directed  by  the  attorney  general  at  the  request  of  the 
board  of  control,  collect  or  bring  suit  in  the  name  of  the  state. 

Any  patient  or  his  friends  or  relatives  may  pay  the  full  cost  of    I0' 
maintenance  or  any  portion  of  the  cost  of  maintenance  in  excess  of 
the  minimum  charge  of  $10  a  month. 

If  a  deceased  patient  leaves  no  spouse,  children,  grandchildren, 
parents,  the  state  may  support  a  claim  for  maintenance  against 
his  estate  at  the  rate  of  $120  a  year  for  the  time  he  was  a  patient, 
credit  being  allowed  for  any  sums  that  may  have  been  paid  as  well 
as  for  time  away  from  the  hospital  on  parole. 

8.  CRIMINAL  INSANE 

When  any  person  under  indictment  or  information  before  or  during 
trial  is  found  to  be  insane,  an  idiot,  or  an  imbecile,  and  to  have 
10 


MINNESOTA  130 

homicidal  tendencies,  the  court  in  which  the  indictment  or  informa- 
tion is  filed  must  commit  him  to  the  asylum  for  the  dangerous  insane 
there  to  be  kept  and  treated  until  he  recovers,  when  he  must  be 
returned  to  the  court  from  which  he  was  received. 

Whenever  any  person  confined  in  the  state  prison  or  any  other 
penal  institution  is  alleged  to  be  insane,  the  warden  must  notify  the 
state  board  of  control,  which  must  have  the  prisoner  examined  by  the 
probate  court  of  the  county  where  he  is  confined.  In  case  he  is  found 
insane,  he  must  be  transferred  by  the  order  of  the  court  to  the  state 
asylum  for  the  dangerous  insane.  If,  in  the  judgment  of  the  super- 
intendent, his  sanity  is  restored  before  the  period  of  his  commitment 
to  the  penal  institution  has  expired,  he  must  be  removed  by  the  state 
board  of  control  to  the  institution  whence  he  came,  and  there  com- 
plete the  period  of  his  sentence. 


131 

/ 
MISSISSIPPI 

Authority: 

Code  of  Mississippi,  1906 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     Mississippi  is  without  a  state  board  having  general 
supervision  or  control  of  charitable  institutions. 

The  state  hospitals  for  the  insane  are  under  the  control 
management  of  a  board  of  trustees  of  five  members,  of  whom  at 
least  three  must  be  physicians,  appointed  by  the  governor  for  terms 
of  two  years.  The  governor  is  ex-officio  president  of  the  board. 

The  board  must  visit  each  hospital  twice  a  year,  and  the  gov-  C°3d3eia. 
ernor,  or  the  chairman  of  the  board,  or  a  majority  of  the  board, 
may  order  a  visitation  at  any  time,  but  without  making  their  coming 
known  to  the  authorities  of  the  hospital  in  advance.  At  each  visita- 
tion the  trustees  must  examine  the  hospital  register  showing  the 
diagnosis  of  the  case  of  each  patient  made  by  the  superintendent,  if 
the  patient  was  admitted  to  the  hospital  since  the  last  visitation. 
They  must  examine  the  journal  of  the  daily  treatment  of  each  pa- 
tient kept  by  the  head  nurse  of  each  ward,  and  examine  each  patient. 
They  must  inquire  into  the  competency  and  efficiency  of  all  ap- 
pointees and  employees  and  make  full  report  in  writing  to  the  gov- 
ernor, with  recommendations  which  they  consider  will  improve  the 
management  and  the  condition  of  the  patients.  They  may  order 
the  dismissal  of  an  employee  without  further  inquiry,  but  in  the  case 
of  an  appointee  must  give  him  a  hearing  before  dismissal. 

b.  Institutional.     The  superintendent  of  the  hospital,  who  must  SueP£intend- 
be  a  skilled  physician,  is  appointed  by  the  governor  for  a  term  of  four    3ig6' 
years.     The  governor  may  remove  him  for  proper  cause. 

2.  CARE 

a.  In  state  institutions. 

Mississippi  State  Insane  Hospital,  Asylum;  established  1855;  1,550 

beds. 
East  Mississippi  Insane  Hospital,  Meridian;  established  1889;  600 

beds. 

Both  hospitals  are  required  by  the  statutes  to  provide  special 
wards  for  the  negro  insane. 

b.  In  local  institutions.     The    board    of    supervisors   of    each 
county  is  responsible  for  the  maintenance  of  the  indigent  insane 
who  can  not  be  received  into  the  state  hospitals  or  who  are  harm- 
less incurables,  and  may  provide  for  them  in  the  poorhouses  which 
are  under  their  control.     The  supervisors  must  also  furnish  tem- 
porary care  of  insane  persons  pending  an  inquest. 


MISSISSIPPI 


132 


3216. 


Persons     ex- 
cluded. 


Writs  of 
lunacy. 
3219. 


Petition. 


Hearing. 
Jury. 


3220. 
Arrest. 


Confinement. 
3228. 


Admission  of 
persons     not 
adjudged 
insane. 
3227. 


Habeas  corpus. 
2445- 


3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons,  who  are  bona  fide 
residents  of  the  state  and  have  not  been  brought  into  the  state  as 
insane  within  five  years,  and  the  latter  in  special  cases  by  the  consent 
of  the  governor,  must  be  admitted  to  the  state  hospitals  free  of 
charge.     Mere  idiots,  fools,  and  non-curables,  who  are  not  danger- 
ous, are  excluded  from  the  hospitals. 

b.  Legal  procedure  in  commitment.     The  chancery  courts  have 
jurisdiction  of  writs  of  lunacy,  to  be  exercised  by  the  clerks  at  any 
time,  subject  to  the  approval  of  the  court.     Any  relative  of  a  lunatic, 
or  insane  person,  may  have  him  so  adjudged;  but  if  his  relations  and 
friends  neglect  or  refuse  to  place  him  in  an  insane  hospital,  and  per- 
mit him  to  go  at  large,  the  clerk  of  the  chancery  court  must,  on  the 
application  in  writing  and  under  oath  of  any  citizen,  direct  the 
sheriff  by  a  writ  of  lunacy  to  summon  the  alleged  insane  person  to 
contest  the  application,  and  six  freeholders  to  sit  at  the  hearing. 
The  result  of  the  inquisition  must  be  returned  to  the  clerk.     The  jury 
must  be  charged  by  him  to  make  due  inquest  (the  particulars  being 
prescribed  by  law).     If  the  person  is  adjudged  a  lunatic  or  insane 
by  the  jury,  or  a  majority  of  its  members,  and  the  jury  finds  that  he 
should  be  confined,  the  clerk  must  direct  the  sheriff  to  arrest  him 
and  place  him  in  one  of  the  insane  hospitals  if  there  is  a  vacancy,  and, 
if  not,  to  confine  him  in  the  county  jail  pending  such  vacancy.     The 
superintendent  must  obtain  all  the  available  facts  relative  to  the 
insanity  of  each  patient  admitted  on  an  adjudication  of  insanity; 
and  the  board  of  trustees  must  prescribe  suitable  regulations  in 
regard  thereto. 

c.  Voluntary  admission.     On  application  for  admission  to  an  in- 
sane hospital  made  on  behalf  of  an  insane  person  who  is  a  resident  of 
the  state,  the  superintendent  and  trustees  may  admit  him  to  the 
hospital,  although  he  had  never  been  adjudged  insane,  and,  if  the 
person  be  in  fact  insane,  they  have  authority  to  detain  him.     Before 
his  admission,  the  person  making  the  application  must  present  to 
the  superintendent  a  sworn  certificate  from  two  licensed,  practicing 
physicians,  and  one  respectable  citizen  who  is  personally  acquainted 
with  the  alleged  insane  person,  all  of  whom  must  be  residents  of  the 
same  county  in  which  he  resides.     Upon  receipt  of  such  application 
and  certificate,  the  superintendent  must  forward  to  the  physicians 
blank  forms  to  be  filled  out  giving  the  history  of  the  patient,  form 
of  insanity,  and  such  other  information  as  may  be  required. 

d.  Appeal  from  commitment.     The  writ  of  habeas  corpus  extends 
to  all  cases  of  illegal  confinement  or  detention  Sy  which  any  person  is 
deprived  of  his  liberty,  or  by  which  the  rightful  custody  of  any 


133  MISSISSIPPI 

person  is  withheld  from  the  person  entitled  thereto,  except  in  cases 
expressly  excepted. 

e.  Cost  of  commitment.  The  costs  of  an  inquest  and  the  removal  32"- 
to  and  from  the  hospital  are  to  be  paid  by  the  estate  of  the  insane 
person,  and  if  he  have  none,  by  the  persons  required  by  the  pauper 
laws  to  support  him.  The  county  of  the  legal  settlement  of  an  in- 
sane person  is  liable  for  all  the  expenses  incurred  and  paid  by  another 
county. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

It  is  the  duty  of  the  sheriff  to  place  persons  adjudged  insane  in  Duty  ot  sheriff- 
one  of  the  hospitals  if  there  is  a  vacancy;  if  not,  to  confine  him  in  the 
county  jail  until  there  is  room. 

5.  TRANSFER   OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

A  patient  who  is  found  to  be  incurable  but  harmless,  and  whoDi|^"ge' 
can  properly  be  cared  for  outside  of  the  hospital,  and  a  patient  who 
has  recovered,  must  be  discharged.     When  a  patient  is  restored  to 
reason,  the  superintendent  of  the  hospital  may  furnish  him  trans- 
portation to  his  home  and  make  requisition  on  the  board  of  supervis- 
ors of  his  county  for  the  costs.     The  superintendent  must  discharge  a    322<5' 
person  found  to  be  sane,  although  judged  insane  and  confined  in  the 
hospital,  and  give  him  a  certificate  of  sanity,  a  duplicate  of  which 
must  be  sent  to  the  sheriff  of  the  county.     (See  3  d.  habeas  corpus.) 

7.  COST   OF  MAINTENANCE 

The  expense  of  maintaining  indigent  insane  in  hospitals  is 
by  the  state.     But  if  an  insane  person  has  an  estate  more  than 
sufficient  for  the  support  of  his  dependents,  his  guardian  must  pay 
the  patient's  board  in  advance  for  six  months  and  deposit  enough 
money  to  provide  him  with  clothing.     For  pay  patients  the  cost  isBpa3y3"rp6atlents< 
$250  a  year  in  advance.     The  person  securing  the  admission  of  a 
pay  patient  must  furnish  a  bond  of  $15,000  conditioned  to  make 
such  payments  annually  for  five  years  unless  the  person  dies  or  is 
removed. 

8.  CRIMINAL  INSANE 

When  a  person  indicted  for  an  offense  is  acquitted  on  the  ground  quitted^!  crime 
of  insanity,  the  jury  rendering  the  verdict  must  so  state,  and  also    1S4°' 
whether  the  accused  has  since  been  restored  to  his  reason,  and 
whether  he  be  dangerous  to  the  community;  and  if  the  jury  certify 
that  he  is  still  insane  and  dangerous,  the  judge  must  order  him  to  be 
confined  in  one  of  the  state  hospitals  for  the  insane. 


134 


MISSOURI 


Board  of 
charities  and 
corrections. 
Revised 
Statutes. 
1316. 


Board  of 

managers. 

1367. 


1386. 


1387. 


Superintend- 


sr 

1391 


Authorities: 

Revised  Statutes  of  Missouri,  1909 
Laws  of  Missouri,  1911 

i.  ADMINISTRATION  AND   SUPERVISION 

a.  General.     The  state  board  of  charities  and  corrections  consists 
of  six  persons,  two  of  whom  must  be  women  and,  of  the  remaining 
four,  not  more  than  two  may  belong  to  the  same  political  party,  ap- 
pointed by  the  governor,  who  is  ex-offick^a  member  of  the  board, 
for  terms  of  six  years.     The  governor  may  remove  members  of  the 
board  for  cause. 

The  board  has  power  to  investigate  the  whole  system  of  charities 
and  correction  and  must  examine  the  condition  and  management  of 
all  state,  county  and  municipal  charitable  and  penal  institutions. 
Officers  of  the  various  institutions  must  furnish  the  board  such  in- 
formation as  it  demands.  The  board  must  make  a  full  report 
biennally  to  the  governor. 

b.  Institutional.     The  state  hospitals  are  under  the  management  of 
boards  of  managers  of  five  members  each,  appointed  by  the  governor 
for  terms  of  four  years.     The  managers  have  the  care  and  control  of 
all  the  property  of  the  institution  and  general  responsibility  of  its 
management.     They  appoint  the  superintendent,  assistant  physi- 
cians, treasurer,  steward,  and  may  remove  any  officer  except  the 
superintendent  at  pleasure,  and  may  remove  the  superintendent  for 
incompetency  or  any  misconduct.     They  prescribe  the  duties  of  the 
different  officers  and  fix  the  terms  thereof. 

The  superintendents  of  the  several  state  hospitals  must  be  physi- 
cians of  acknowledged  skill  in  their  profession  and  have  had  exper- 
ience in  the  management  and  treatment  of  the  insane,  and  may  not 
engage  in  outside  practice.  They  employ  and  may  discharge  for 
cause  nurses,  attendants  and  other  necessary  persons. 

The  St.  Louis  city  sanitarium  for  the  insane  is  under  municipal 
control  and  management. 

2.  CARE 

a.  In  state  institutions. 

State  Hospital  No.  1,  Fulton;  established  1850;  1,250  beds. 
State  Hospital  No.  2,  St.  Joseph;  established  1874;  1,550  beds. 
State  Hospital  No.  3,  Nevada;  established  1887;  1,209  beds. 
State  Hospital  No.  4,  Farmington;  established  1903;  626  beds. 

b.  In  local  institutions.     The  city  of  St.  Louis  provides  a  small 
institution  for  the  care  of  its  insane,  while  a  few  mildly  insane. pa- 


135  MISSOURI 

tients  are  cared  for  at  the  St.  Louis  city  infirmary.  The  Marion 
Bounty  hospital  and  the  St.  Charles  county  asylum  receive  insane 
patients. 

Insane  persons  who  can  not  be  cared  for  in  the  state  hospitals  may 
be  received  in  the  county  almshouses  which  are  under  management 
of  the  county  courts. 

3.  COMMITMENT 

a.  Persons  committed.     Persons  afflicted  with  any  form  of  in-    *4<>o. 

sanity  must  be  admitted  to  the  state  hospitals  for  the  insane. 

b.  Legal  procedure  in  commitment.     When  a  citizen  residing  in  Petition, 
the  proper  county  files  with  the  clerk  of  the  county  court  a  state- 
ment, in  writing  and  in  prescribed  form,  alleging  that  a  person  is    I4I9. 
insane  and  in  need  of  hospital  treatment,  the  clerk  must  issue  sub- 
poenas for  the  persons  named  as  witnesses,  and  such  other  persons 

as  he  may  think  proper,  to  appear  before  the  county  court  at  a 
specified  time,  which  must  be  the  first  day  of  the  first  session  of  the 
court  thereafter.     The  county  clerk  must  convene  the  county  court    I^20- 
forthwith  for  the  purpose  of  passing  upon  the  sanity  or  insanity  of 
the  poor  person  apprehended.     At  the  hearing  the  court  must  have  HeI^g- 
the  witnesses  examined  before  themselves,  or  a  jury,  if  one  be  ordered 
for  the  purpose.     At  least  one  of  the  witnesses  examined  must  be  a 
reputable  physician.     If  the  court,  or  the  jury,  is  satisfied  of  the  commitment 
truth  of  the  facts  of  the  statement,  it  must  enter  an  order  to  the 
effect  that  the  person  found  insane  is  a  fit  subject  to  be  sent  to 
the  state  hospital,  and  require  the  medical  witness  to  make  out  a  de- 
tailed history  of  the  case  in  the  prescribed  form.     The  clerk  of  the 
court  must  send  a  certified  copy  of  the  order  of  court  to  the  superin-  fde^ses^on  for 
tendent  of  the  hospital,  accompanied  by  a  request  for  the  admission 
to  the  hospital  of  the  person  found  to  be  insane.     The  superintend-    w*- 
ent  must  immediately  advise  the  clerk  whether  the  patient  can  be 
received,  and  at  what  time. 

A  pay  patient,  or  one  not  sent  to  a  hospital  by  order  of  the  court,  Pfty  patients, 
may  be  admitted  on  request  to  the  superintendent  in  a  prescribed 
form  made  by  the  person  by  whose  direction  he  is  sent,  stating  his 
age  and  place  of  nativity,  if  known,  place  of  residence,  occupation 
and  degree  of  relationship  to  the  person  requesting  his  admission. 
Accompanying  the  request  must  be  a  sworn  certificate  of  insanity  in 
prescribed  form,  dated  within  two  months,  by  two  physicians.  Be- 
fore a  private  patient  is  admitted,  thirty  days'  charges  must  be  paid 
in  advance  and  a  bond  with  securities  to  insure  payment  of  further 
charges  must  be  given. 

Indigent  patients  must  always  be  given  preference  over  pay  pa-    *4U- 
tients. 


MISSOURI  136 

If  there  are  not  sufficient  accommodations,  cases  of  less  than  one- 
year's  standing  have  preference  over  those  of  longer  standing;  but 
no  county  may  have  more  than  its  just  proportion  according  to  its 
insane  population. 

c.  Voluntary  admission.     (See  3.  b.  Pay  patients.) 

Habeas  corpus,  d.  Appeal  from  commitment.  Any  person  restrained  of  his 
liberty  may  prosecute  a  writ  of  habeas  corpus  to  inquire  into  the 
cause  of  his  confinement  or  restraint;  and  any  court  empowered  to 
grant  the  writ  must  do  so  without  delay. 

e.  Cost  of  commitment.  The  cost  of  examining  patients  and 
removing  them  to  a  hospital  is  a  charge  upon  the  treasury  of  the 
county  of  their  residence. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  sheriff  of  the  county,  or  any  other  suitable  person,  must  be 

directed  by  the  clerk  of  the  county  court  to  convey  the  insane  person 

1435.  to  the  hospital.     The  relatives  of  the  insane  person  have  the  right, 

1412.  if  they  choose,  to  convey  him.     Before  sending  patients  to  the 

hospital,  the  county  court  must  see  to  it  that  they  are  free  from 

contagious  disease,  properly  cared  for  and  clothed. 

5.  TRANSFER  OF  PATIENTS 
6.  PAROLE   AND    DISCHARGE    OF   PATIENTS 

Sndent?uperin"     The  superintendent  may  parole  a  patient  whenever  he  deems  it 
1405.  best  for  the  patient.     The  superintendent  may  discharge  any  patient 

1404-  who,  in  his  opinion,  has  been  fully  restored  to  reason.     (See  3.  d. 

Habeas  corpus.) 

7.  COST  OF  MAINTENANCE 

The  counties  sending  insane  poor  to  the  hospitals  must  pay  semi- 
annually  in  cash  and  in  advance  for  their  support  and  maintenance, 
and,  in  addition,  the  actual  cost  of  their  clothing,  and  if  they  die,  the 
cost  of  burial  expenses.  Moneys  paid  and  unexpended  are  refunded 
the  counties. 

pa!ientsay  ^  ^ne  county  court  so  orders,  the  clerk  must  transmit  to  the 

pade™ts.county  superintendent  a  certificate  stating  that  any  patient  in  the  hospital 

x*28-  has  not  estate  sufficient  to  support  him  there.     Whereupon,  the 

person  becomes  a  county  patient,  to  be  supported  by  his  county. 
Ja«ents0unty        If  tne  county  court  so  orders,  the  clerk  must  transmit  to  the 
patie™ts.pay      superintendent  a  certificate  stating  that  any  patient  in  the  hospital 
1429.  from  his  county  has  sufficient  estate  to  support  him  at  the  hospital. 

Thereupon  the  patient  becomes  a  pay  patient,  and  the  charges  must 
be  made  out  and  paid,  and  a  bond  required  and  executed  as  in  all 
other  cases  of  pay  patients;  and  upon  a  failure  thereof,  after  reason- 
able delay,  the  superintendent  must  discharge  such  patient. 


137  MISSOURI 

If  any  insane  person  admitted  to  a  state  hospital  as  a  patient  has  Est|ge  liable- 
estate,  the  guardian  must  pay  for  his  support  and  expenses  out  of 
the  estate.     If  the  insane  person  at  any  time  comes  under  the  class  of 
"insane  poor  persons"  he  must  be  supported  and  maintained  by  his 
county. 

8.  CRIMINAL  INSANE 

When  a  person  indicted  for  any  crime  after  his  indictment  andP«™«»  await- 
before  his  trial  becomes  insane,  the  court  must  order  a  jury  to  try    5207. 
and  decide  the  question  of  his  insanity.     The  alleged  insane  person 
must  be  notified  of  such  proceedings,  unless  the  court  order  such 
person  to  be  brought  before  it.     If  the  jury  is  satisfied  that  the  J 
person  has  become  insane,  they  shall  so  declare  in  their  verdict,    5208. 
and  the  court  must  order  him  to  be  conveyed  to  the  state  hospital 
and  there  kept  until  restored  to  reason. 

When  a  person,  tried  upon  indictment  for  any  crime  or  mis-  ^u"tedSof  °" 
demeanor,  is  acquitted  on  the  sole  ground  that  he  was  insane  at  the  m^o, 
time  of  the  commission  of  the  offense,  the  fact  must  be  found  by  the 
jury  in  their  verdict,  and  the  jury  must  further  find  whether  or  not 
he"  has  entirely  recovered  from  his  insanity;  if  recovered,  he  shall 


discharged  from  custody.  In  case  the  jury  finds  that  the  prisoner  to  ^hospital. 
has  not  entirely  recovered  and  is  not  a  poor  person,  and  the  court  is 
satisfied  that  it  would  be  unsafe  to  permit  him  to  go  at  large,  the 
court  must  commit  him  to  the  hospital,  the  costs  of  commitment 
and  all  expenses  for  the  support  and  maintenance  of  such  prisoner 
to  be  paid  out  of  the  proceeds  of  his  estate.  If  the  prisoner  is 
poor  person,  the  court  must  remand  him  to  the  custody  of 
sheriff  or  other  officer  of  the  court,  at  the  expense  of  the  proper 
county,  until  the  county  court  causes  him  to  be  removed  to  the 
hospital,  as  in  the  cases  of  insane  poor  persons,  but  without  examina- 
tion into  his  insanity. 


138 
MONTANA 

Authorities : 

Revised  Codes  of  Montana,  1907 
Laws  of  Montana,  1913 

i.  ADMINISTRATION  AND   SUPERVISION 

fommissfionere.      a'  General.     The  state  board  of  commissioners  for  the  insane, 
Jh.W5S7°f  19I3>    consisting  of  the  governor,  the  secretary  of  state  and  the  attorney 
£.  general,  is  charged  with  the  care,  custody,  maintenance  and  treat- 

ment of  the  insane  in  safe  and  suitable  buildings  at  the  state  hospital. 
Devised  Codes.  Tne  board  makes  its  own  rules  and  regulations,  and  prescribes  the 
duties  of  the  superintendent  of  the  state  hospital;  it  must  inquire 
into  the  conditions  at  the  hospital  and  see  that  the  inmates  are 
properly  cared  for.     The  record  of  the  board's  proceedings  must  be 
open  at  all  times  to  the  inspection  of  any  citizen.     The  board  also 
""•  has  authority  to  send  insane  persons  to  friends  outside  of  the  state 

at  public  expense  or  to  the  institution  of  another  state,  provided  they 
are  indigent,  instead  of  to  the  state  hospital.  The  board  reports 
biennially  to  the  legislature. 

superintend-        b<  institutional.     There  is  no  local  board  of  trustees.     The  gov- 
ch^V*  I9I3>    ernor  appoints  with  the  approval  of  the  senate  a  superintendent 
j;  '  (salary  $4,000)  and  assistant  superintendent  (salary  $3,000)  for  the 

state  hospital  for  the  insane ;  they  must  be  regularly  licensed  physi- 
cians of  the  state.  Their  tenure  of  office  is  four  years  and  until  their 
successors  have  been  appointed;  they  may  be  removed  by  the  state 
board  of  commissioners  upon  formal  charges  in  writing.  The  super- 
intendent has  immediate  control  of  the  state  hospital  subject  to  the 
regulations  of  the  board  of  commissioners  and  appoints  additional 
medical  assistants  subject  to  the  approval  of  that  board. 

2.  CARE 

a.  In  state  institutions. 

Montana  State  Hospital  for  the  Insane,  Warm  Springs;  established 
1877;  1,000  beds. 

b.  In  local  institutions.     Harmless  indigent  insane  and  persons 
who  can  not  be  received  at  the  state  hospital  may  be  provided  for 
at  the  poor  farms,  which  are  under  the  boards  of  county  commis- 
sioners, or  they  may  be  cared  for  elsewhere  under  contract. 

3.  COMMITMENT 

Revised  ;codes.  a<  Persons  committed.  All  residents  of  the  state,  not  idiots, 
are  entitled  to  admission  to  the  state  hospital.  Non-residents  who 
have  become  insane  while  within  the  state  are  also  admitted. 


139  i     MONTANA 

b.  Legal  procedure  in  commitment.     Whenever  it  appears  to  the  Examination, 
satisfaction  of  the  magistrate  of  the  county  that  any  person  within 

the  county  is  so  far  disordered  in  his  mind  as  to  endanger  health, 
person  or  property,  he  must  have  the  person  arrested  and  taken 
before  any  district  judge  in  the  county  for  examination,  or,  in  his 
absence,  before  the  chairman  of  the  board  of  county  commissioners. 
The  judge  or  chairman  of  the  board  must  issue  subpoenas  to  two  or  "as- 
more  witnesses  best  acquainted  with  the  insane  person  and  at  least 
two  graduates  of  medicine,  to  attend  and  testify  at  the  examination.  "36- 

If  the  physicians  believe  the  person  to  be  dangerously  insane,  they  c"*^f*^  of 
must  make  a  certificate  to  this  effect,  describe  the  symptoms,  etc.,    «3»- 
-and  give  other  facts,  in  a  form  prescribed  by  the  board  of  commis- 
sioners for  the  insane.     If  the  judge,  or  the  chairman  of  the  board  of  "41- 
•county  commissioners,  after  such  examination  and  certificate  are 
made,  believes  the  person  to  be  dangerously  insane,  he  must  order 
him  to  be  confined  in  the  state  hospital,  and  a  copy  of  such  order  commitment 
must  be  filed  with  and  recorded  by  the  clerk  of  the  district  court  of 
the  county. 

When  an  insane  person  is  examined  and  committed  by  hearing  ^f>oreeedings 
before  the  chairman  of  the  board  of  county  commissioners,  the^™^||!°^ 
latter  must  reduce  all  the  evidence  to  writing,  and  the  same,  together  Jj***16* 
with  all  orders,  subpoenas,  complaints,  warrants  and  papers  in  the    "46- 
•case,  must  be  filed  in  the  office  of  the  clerk  of  the  district  court  of 
the  proper  county.     In  all  cases  of  hearings  by  the  chairman  of  the 
board  of  county  commissioners,  the  proceedings  must  be  examined 
and  certified,  and  approved  or  rejected  by  the  judge  of  the  district 
•court. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     Every   person  restrained  of  his Ht ^e*s  corPus- 
liberty  may  prosecute  a  writ  of  habeas  corpus  and  upon  petition  the    9633. 
•circuit  or  district  court  must  grant  it. 

e.  Cost  of  commitment.     The  costs  of  the  examination,  committal  f0a^tyy  the 
and  taking  of  an  insane  person  to  the  hospital  must  be  paid  by  the    «4S- 
•county  in  which  he  resides  at  the  time  he  is  adjudged  insane.     The 
sheriff  is  allowed  the  actual  expense  incurred  in  taking  an  insane 
person  to  the  hospital. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  insane  person,  together  with  the  order  of  the  judge  or  chair-  jjjj*^  the 
man  of  the  board  of  county  commissioners,  and  the  certificate  of  the    "*3' 
physicians  must  be  delivered  to  the  sheriff  of  the  county  and  by 
him  to  the  officer  in  charge  of  the  state  hospital. 


MONTANA 


140 


Discharge. 
1124. 


Clothing  and 
money. 


5.  TRANSFER  OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

Upon  the  written  report  of  any  person  appointed  by  the  board 
of  commissioners  of  the  insane  to  examine  into  the  condition  of  a 
patient,  that  he  is  in  fit  condition  to  be  at  large,,  the  board  must 
cause  him  to  be  discharged  from  the  hospital.  Every  insane  person 
on  recovery,  must  be  discharged  from  the  hospital  or  place  of 
confinement.  Indigent  patients  when  discharged  must  be  provided 
with  $20  in  money  and  comfortable  clothing.  (See  3.  d.  Appeal  from 
commitment;  habeas  corpus.) 


Nonindigcnts. 
"33- 


Indigents. 


7.  COST   OF  MAINTENANCE 

The  care  and  maintenance  of  non-indigent  insane  must  be  paid  or 
guaranteed  by  their  parents,  children  or  guardians. 

When  a  person  is  adjudged  to  be  insane  and  ordered  confined  in 
the  state  hospital,  the  judge  or  person  before  whom  the  hearing  is 
must  take  evidence  as  to  the  financial  worth  of  the  insane  person. 
If  he  has  any  means  out  of  which  the  expenses  of  his  maintenance  in 
the  state  hospital,  or  any  part  thereof,  can  be  paid,  the  judge  or 
person  before  whom  the  hearing  is  had  must  cite  the  persons  in 
possession  of  his  property,  and  his  relatives,  if  there  are  any  in  the 
county  of  his  residence,  to  appear  and  show  cause  why  a  guardian 
should  not  be  appointed  for  him  and  ordered  to  pay  the  costs  of 
his  maintenance,  or  as  much  of  it  as  his  means  will  permit.  If 
the  insane  person  has  property  that  can  be  applied  towards  his 
maintenance,  the  court  must  make  an  order  to  that  effect,  stating 
how  much  of  it  shall  be  applied. 

Indigent  insane  are  maintained  at  the  hospital  at  the  cost  of  the 
state. 


Jury  trial. 


Commitment 
to  state 
hospital. 


Expense  of 
commitment. 
9526. 


8.  CRIMINAL  INSANE 

If  a  doubt  arises  as  to  the  sanity  of  the  defendant  in  a  criminal 
action,  the  court  must  order  the  question  as  to  his  sanity  submitted 
to  a  jury.  If  the  jury  finds  the  defendant  insane,  the  trial  or  judg- 
ment must  be  suspended  until  he  becomes  sane,  and  the  court  must 
order  that  he  in  the  meantime  be  committed  by  the  sheriff  to  the 
state  hospital  for  the  insane,  and  that  upon  his  becoming  sane,  he  be 
re-delivered  to  the  sheriff. 

The  expenses  of  sending  the  defendant  to  the  hospital,  keeping 
him  there,  and  of  bringing  him  back,  are  chargeable  upon  the  county 
in  which  the  indictment  was  found,  or  the  information  filed;  but  the 
county  may  recover  from  the  estate  of  the  defendant,  or  from  a  rela- 


141  MONTANA 

tive  of  the  town,  city  or  county  bound  to  provide  for  and  maintain 
him  elsewhere. 

Insane  convicts  must  be  received  into  the  hospital  on  the  order  ^^cets 
of  the  board  of  state  prison  commissioners,  and  returned  to  the  "3I- 
state  prison  upon  recovery  if  sentence  has  not  expired. 


142 


Board  of 
charities  and 
corrections. 
Revised 
Statutes. 
5826. 


Commissioners 
of  state  institu- 
tions. 
7179. 


7183. 
7106, 

7i8S. 


Superintend- 
ent. 
7189. 


NEBRASKA 

Authorities: 

Revised  Statutes  of  Nebraska,  1913 
Laws  of  1915,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  state  board  of   charities   and   corrections   is 
composed  of  the  governor,  the  superintendent  of  public  instruction 
and  the  commissioner  of  public  lands  and  buildings.     The  board  has 
the  duty  to  inquire  into  the  whole  system  of  public  charities  in  the 
state  and  counties  and  to  ascertain  the  condition  of  all  institutions. 
The  governor  may  at  any  time  in  his  discretion  order  a  special  in- 
vestigation to  be  made  by  the  state  board  or  by  a  committee  of  its 
members,  or  advisory  secretaries,  into  the  management  of  a  state 
hospital  or  county  institution  in  the  state.     A  report  of  such  in- 
vestigation must  be  submitted  by  the  governor  to  the  legislature. 
The  board  must  make  a  full  report  of  its  proceedings  biennially  to 
the  governor. 

The  board  of  commissioners  of  state  institutions  consists  of  three 
members  appointed  and  removed  by  the  governor  with  the  consent 
of  the  senate.  The  members  receive  $3,000  per  annum  and  necessary 
expenses,  and  hold  office  six  years;  no  two  maybe  appointed  from 
the  same  congressional  district  and  no  more  than  two  may  belong  to 
the  same  political  party. 

Each  institution  must  be  inspected  thoroughly  by  the  whole  board 
every  six  months  and  by  some  member  every  thirty  days. 

The  board  has  general  control  and  management  of  all  state  chari- 
table, penal,  and  correctional  institutions,  including  the  hospitals 
for  the  insane,  with  authority  to  make  all  necessary  rules  for  their 
government,  including  regulations  with  regard  to  the  classes  of 
patients  to  be  admitted  to  each,  their  transfer,  etc. 

The  board  appoints  a  superintendent,  assistants  and  steward  for 
each  state  hospital  and  a  matron  for  the  Nebraska  State  Hospital. 
All  appointments  remain  effective  until  revoked  by  the  board. 

b.  Institutional.     There  are  no  local  boards  of  trustees. 

2.  CARE 

a.  In  state  institutions. 

Nebraska  Hospital  for  the  Insane,  Lincoln;  established  1870;  700  beds. 
Norfolk  State  Hospital,  Norfolk;  established  1887;  450  beds. 
Nebraska  State  Hospital,  Ingleside;  established  1889;  1,300  beds. 

b.  In  local  institutions.     In  case  a  person  found  insane  can  not 
be  at  once  admitted  to  the  hospital  for  lack  of  room  or  other  cause, 


143  NEBRASKA 

the  county  commissioners  of  insanity  direct  the  commissioners  of  the 
county  or  overseers  of  the  poor  to  care  for  him  in  the  poorhouse,  or  Poorhouses. 
if  there  be  none  and  no  more  suitable  place  can  be  found,  in  the  jail.  Jails- 
Lists  of  such  deferred  cases  are  kept  and  reported  to  the  state  board. 

3.  COMMITMENT 

a.  Persons  committed.     Insane  persons,  except  idiots,  whether 
they  have  a  legal  residence  in  the  state  or  not,  are  admitted  to  the 
hospitals.     Dipsomaniacs,    inebriates    and    persons    addicted    to 
drugs  are  admitted  to  and  treated  in  the  Nebraska  Hospital  for  the 
Insane  at  Lincoln. 

b.  Legal  procedure  in  commitment.     In  each  organized  coun 
the  state  there  must  be  three  commissioners  in  insanity,  and  the 
clerk  of  the  district  court  is  one  of  them,  ex-officio.     The  other  mem- 
bers are- appointed  for  terms  of  two  years  by  the  judge  of  the  district 
court,  and  one  must  be  a  respectable  practicing  physician  and  the 
other  a  respectable  practicing  lawyer.     In  the  temporary  absence  or 
inability  to  act  of  two  of  the  commissioners,  the  judge  of  the  district 
court,  if  present,  may  act  in  the  place  of  one  of  such  commissioners, 
or  the  commissioner  present  may  call  to  his  aid  a  respectable  practic- 
ing physician  or  lawyer.     The  clerk  of  the  board  must  issue  all    7345. 
notices  of  the  appointments,  warrants,  subpoenas,  etc.     He  must 
keep  separate  books  of  the  proceedings  of  the  board,  to  constitute,    7246. 
with  the  papers  filed,  a  complete  record  of  their  findings,  orders  and 
transactions.     The  commissioners  have  cognizance  of  all  applica- 
tions for  admission  to  the  hospital  or  for  the  safe-keeping  of  insane 
persons  within  their  respective  counties,  except  in  cases  otherwise 
provided  for.     They  have  power  to  issue  subpoenas,  administer 
oaths,  and  do  any  act  of  court  necessary  in  the  premises. 

Application  for  admission  to  a  hospital  must  be  made  to  the  Application, 
county  commission  of  insanity  in  writing,  verified  by  affidavit,  alleg- 
ing that  the  person  applied  for  is  believed  to  be  insane  and  a  fit 
subject  for  custody  and  treatment  in  a  hospital,  that  he  is  found 
in  the  county  and  has  a  legal  settlement  therein,  or,  if  not,  where  it 
is  believed  to  be.     The  commissioners  must  at  once  take  steps  to 
investigate  the  grounds  of  the  information.     They  may  require  the  investigation, 
alleged  insane  person  to  be  brought  before  them,  and  the  examina- 
tion had  in   his   presence,  providing   for   his   custody  until  their  Examination, 
investigation  is  concluded.      They  may  dispense  with  his  presence 
if  it  would  probably  be  injurious  to  him  or  attended  with  no 
advantages.     They  must  hear  testimony  for  and  against  the  ap- 
plication. 

Any  citizen  of  the  county  or  any  relative  of  the  person  may  resist 
the  application,  and  employ  counsel  if  they  choose.     The  commis- 


NEBRASKA 


144 


Warrant. 
7250. 


Provisions  for 
patients   who 
can  not  be 
admitted. 
72S7. 


Private 
patients. 


Public 
patients. 


Care  of  insane 
persons   out   of 
hospitals. 
7258. 


Insane  persons 
without 
proper  care. 
7259- 

Transfer  of 
insane  under 
care  of 

commissioners 
to  hospitals. 
7262. 


Order  of 

admittance  of 
patients. 
7263. 


sioners  must  in  all  cases  appoint  some  regular  practicing  physician 
of  the  county  to  make  a  personal  examination  of  the  person  alleged 
to  be  insane.  The  physician  may  or  may  not  be  of  their  own  num- 
ber, and  the  one  appointed  must  certify  whether  he  finds  the  person 
in  question  insane  or  not.  He  must  endeavor  to  obtain  from  the 
relatives  of  the  person  in  question,  or  from  others  who  know  the 
facts,  correct  answers  so  far  as  may  be  to  the  interrogatories  pre- 
scribed by  law,  which  with  the  answers  to  them  must  be  attached  to 
his  certificate.  The  commissioners  thereupon  must  find  whether 
the  person  is  insane,  and  whether  if  insane,  a  fit  subject  for  treat- 
ment and  custody  in  the  hospital  and  where  his  legal  settlement  is. 
If  they  find  him  insane  and  a  fit  subject  for  custody  and  treatment  in 
the  hospital,  they  must  issue  their  warrant  authorizing  the  superin- 
tendent of  the  hospital  to  receive  him  as  a  patient. 

If  a  patient  can  not  at  once  be  admitted  for  want  of  room  or  for 
any  other  cause,  and  can  not  with  safety  be  allowed  to  go  at  liberty, 
the  commissioners  must  provide  suitably  for  him,  until  admission 
can  be  had  or  the  occasion  for  it  no  longer  exists.  Such  patients 
may  be  cared  for  either  as  public  or  as  private  patients,  those  being 
treated  as  private  patients  whose  relations  or  friends  will  obligate 
themselves  to  provide  for  them  without  public  charge,  in  which  case 
the  commissioners  must  appoint  some  suitable  person  as  special 
custodian,  with  authority  to  restrain,  protect  and  care  for  such  pa- 
tient. In  the  case  of  public  patients,  the  commissioners  must 
require  that  they  be  properly  cared  for  by  the  commissioners  of  the 
county  or  overseers  of  the  poor  at  the  expense  of  the  county.  If 
there  is  no  poorhouse,  or  no  more  suitable  place,  they  may  be  con- 
fined in  the  jail  of  the  county  in  charge  of  the  sheriff. 

On  application  to  the  commissioners  on  behalf  of  persons  al- 
leged to  be  insane  and  whose  admission  to  the  hospital  is  not  sought, 
the  commissioners  may  provide  for  them  as  in  the  case  of  other  ap- 
plicants. 

If  the  commissioners  of  any  county  are  informed  that  any  insane 
person  is  suffering  for  want  of  proper  care,  they  must  make  all 
needful  provisions  for  him  as  provided  in  other  cases. 

Insane  persons  who  have  been  under  care,  either  as  private  or 
public  patients,  outside  of  a  hospital,  by  authority  of  the  commis- 
sioners of  any  county  may  on  application  be  transferred  to  a  hos- 
pital on  the  warrant  of  the  commissioners.  The  admission  may  be 
had  without  another  inquest,  at  any  time  within  six  months  after 
the  inquest  already  had. 

If  it  becomes  necessary  for  want  of  room  or  other  cause  to  dis- 
criminate in  the  reception  of  patients,  a  selection  must  be  made  as 
follows:  1,  recent  cases  (cases  of  less  than  one  year's  duration); 


145  NEBRASKA 

2,  chronic  cases  (of  more  than  one  year's  duration)  presenting  the 
most  favorable  prospects  of  recovery,  3,  those  for  whom  application 
has  been  longest  on  file,  other  things  being  equal;  and  4,  when  cases 
are  equally  meritorious  in  all  other  respects,  the  indigent  insane  have 
preference. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     On  a  sworn  statement  to  a  judge 
of  the  district  court  of  the  county  in  which  a  hospital  is  situated,  or 

of  the  county  in  which  any  certain  person  confined  in  a  hospital  insane, 
has  his  legal  settlement,  alleging  that  such  person  is  not  insane,  the 
judge  must  appoint  a  commission  of  inquiry  of  not  more  than  three 
persons,  one  of  whom  mus^t  be  a  physician,  and  if  two  or  more  are 
appointed,  one  must  be  a  lawyer.  Their  report  must  be  accompanied 
with  a  statement  of  the  case  by  the  superintendent.  If  the  judge  finds 
the  person  not  insane,  he  must  order  his  discharge;  if  not,  he  must 
authorize  his  continued  detention.  The  commissioners  are  entitled 
to  their  necessary  expenses  and  a  reasonable  compensation,  to  be 
paid  by  the  applicant  if  the  application  was  made  without  probable 
grounds.  A  commission  may  not  be  repeated  oftener  than  once  in  7265. 
six  months  in  regard  to  the  same  person,  nor  may  such  a  commission 
be  appointed  in  the  case  of  any  patient  within  six  months  of  the 
time  of  his  admission. 

All  persons  confined  as  insane  are  entitled  to  the  writ  of  habeas  Hab«*s  corPus- 

•  72o6.      i 

corpus,  and  the  question  must  be  decided  at  a  hearing;  an  adverse 
decision  does  not  bar  the  issuing  of  the  writ  a  second  time  or  when- 
ever it  is  alleged  that  the  person  has  been  restored  to  reason.  If  at 
such  a  hearing  it  appears  that  the  patient  was  irregularly,  committed 
but  is  not  restored  to  reason,  he  may  be  returned  to  the  county 
from  which  he  was  committed  to  be  proceeded  with  according  to 
law. 

e.  Cost  of  commitment.     The  expenses  connected  with  the  com-  Pa;d  by  county 

r  or  state. 

mitment  and  transportation  of  a  patient  to  the  hospital  are  to  be  7253- 
paid  by  the  county  in  which  he  has  a  legal  settlement.  If  he  has  no  7254- 
settlement  they  are  borne  by  the  state. 

4.  CONVEYING   PATIENTS   TO   THE   HOSPITAL 

The  sheriff  must  convey  the  insane  person  to  the  hospital;  or,  in    7350. 
his  absence,  the  commissioners  of  insanity  may  appoint  some  other 
suitable  person.     No  female  may  be  taken  to  the  hospital  without 
the  attendance  of  some  other  female  or  some  relative  of  such  person,  f^^ant 
The  superintendent  in  his  acknowledgment  of  delivery  must  state 
whether  there  was  any  such  person  in  attendance.     If  any  relative 
or  immediate  friend  of  the  patient  who  is  suitable  request  it,  he  has 


NEBRASKA 


146 


Discharge  by 
the  superin- 
tendent. 
7268. 


By  board. 


7269. 


Liability  for 
support. 
7272. 


Pay  patients. 
Laws  of  1917, 
ch. 132. 


Medical  board. 
Revised 


the  privilege  of  executing  the  warrant  in  preference  to  the  sheriff  or 
any  other  person. 

5.  TRANSFER   OF  PATIENTS 

This  is  within  the  exclusive  jurisdiction  of  the  board  of  com- 
missioners of  state  institutions. 

6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

Any  patient  who  is  cured  must  immediately  be  discharged  by  the 
superintendent  and  furnished  with  suitable  clothing  and  a  necessary 
sum  of  money.  The  relatives  of  any  patient  not  susceptible  of  cure 
and  harmless  have  the  right  to  remove  him  on  the  consent  of  the 
board  of  commissioners. 

On  the  application  of  the  relations  or  immediate  friends  of  any 
patient,  except  one  under  charge  or  conviction  of  homicide,  who  is 
not  cured,  and  who  can  not  safely  be  allowed  at  liberty,  the  com- 
missioners of  insanity  of  the  county  where  he  belongs,  on  making 
provisions  for  his  care  within  the  county,  may  authorize  his  dis- 
charge. Incurable  and  harmless  patients  must  be  discharged  or 
removed  whenever  it  is  necessary  to  make  room  for  recent  cases. 
When  it  is  shown  to  the  satisfaction  of  the  commissioners  of  in- 
sanity of  any  county  that  cause  no  longer  exists  for  the  care  within 
the  county  of  any  particular  person  as  an  insane  patient,  they  must 
order  his  immediate  discharge. 

7.  COST   OF  MAINTENANCE 

The  cost  of  board,  care  and  treatment  of  patients  while  in  the 
hospitals  of  the  state  is  borne  by  the  state,  unless  some  legally  liable 
relative  has  sufficient  means  to  do  so.  The  commissioners  of  the 
several  counties  are  authorized,  however,  to  collect  from  the  property 
of  such  patients,  or  from  any  person  or  persons  legally  bound  for 
their  support,  any  sum  paid  by  the  county  in  their  behalf. 

The  relatives  or  friends  of  any  patient  in  a  hospital  for  the  insane 
have  the  privilege  of  paying  any  portion  or  all  of  his  expenses.  If 
the  husband  or  parent  is  possessed  of  an  estate  or  income  suf- 
ficient to  meet  the  expense,  they  are  required  to  pay  an  amount 
equal  to  the  cost  of  maintenance. 

8.  CRIMINAL  INSANE 

If  a  person  charged  with  crime  becomes  insane  after  the  offense, 
a  jury  must  be  impaneled  to  determine  the  question  of  insanity. 

The  physician  of  the  state  penitentiary,  the  superintendent  of  one 
of  the  hospitals  for  the  insane  and  a  secretary  of  the  state  board  of 
health  constitute  the  penitentiary  medical  board.  When  the  physi- 


147  NEBRASKA 

cian  of  the  penitentiary  believes  that  a  convict  is  insane,  he  must  so  J^cets 
certify  to  the  governor,  who  shall  immediately  cause  an  examina-    72»°- 
tion  to  be  made  by  the  penitentiary  medical  board,  and  upon  its 
certificate,  the  governor  may  direct  the  convict  to  be  removed  to  one 
of  the  hospitals  for  the  insane.     When  the  superintendent  is  satisfied  %*$**on  to 
that  a  convict  in  his  custody  is  restored  to  sanity,  he  must  so  certify    w1- 
to  the  governor  of  the  state,  who  must  order  the  convict  to  be  re- 
turned to  the  penitentiary  to  serve  the  unexpired  term  of  his  sentence, 
less  the  time  of  his  confinement  in  the  hospital. 


148 


Board  of 
Commissioners. 
Laws  of  1913, 

ch.  231. 


NEVADA 

Authorities : 

Compiled  Laws  of  Nevada,  1912 
Laws  of  1913,  1915 

I.  ADMINISTRATION   AND   SUPERVISION 
a.  General.     The  board  of  commissioners   for  care  of  indigent 


Superintend- 
6.' 


Application. 
Laws  of  1915, 
Ch.  71. 


Examination. 


insane,  consisting  of  the  governor,  state  treasurer,  and  state  comp- 
troller, has  full  power  and  exclusive  control  of  the  state  hospital 
for  the  insane  and  its  inmates,  of  the  appointment  and  removal  of 
a  superintendent,  and  of  establishing  the  regulations  and  by-laws 
for  its  government.  A  record  of  their  proceedings  must  at  all  times 
be  open  to  inspection  by  a  committee  of  the  legislature,  and  they  are 
required  to  make  a  biennial  report  in  detail  to  the  legislature  of  all 
that  pertains  to  the  activities  of  the  hospital. 

b.  Institutional.  There  is  no  local  board  of  trustees.  The  super- 
intendent must  be  a  graduate  in  medicine;  his  salary  is  $2,400  a 
year;  and  he  is  empowered  to  employ  all  necessarj  help  needed  at 
the  hospital,  subject  to  the  approval  of  the  board  of  commissioners, 
to  which  he  is  required  to  make  a  monthly  report  of  the  operations 
of  the  institution. 

2.  CARE 

a.  In  state  institutions. 

Nevada  Hospital  for  Mental  Diseases,  Reno;  established  1882;  300 
beds. 

b.  In  local  institutions.     There  is  no  provision  for  the  local  care 
of  insane  in  almshouses  or  other  local  institutions. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  residents  of  the  state  are 
entitled  to  admission  to  the  state  hospital.     Idiots  and  feeble- 
minded persons  may  be  admitted  if  it  is  found  to  be  for  the  best 
interests  of  the  county  of  which  they  are  residents. 

b.  Legal  procedure  in  commitment.     The  judge  of  the  district 
court  in  each  judicial  district  in  the  state,  or  in  his  absence  the  county 

19I3>  clei>k,  upon  the  sworn  application  that  any  person  by  reason  of  in- 
sanity  is  unsafe  to  be  at  large  because  of  his  homicidal,  suicidal,  or 
incendiary  disposition,  which  must  not  be  the  result  of  delirium 
tremens,  harmless  imbecility,  or  feeblemindedness,  either  congenital 
or  as  the  result  of  alcohol,  drugs,  or  the  natural  failing  of  old  age, 
must  cause  such  person  to  be  brought  before  him,  and  cite  one 
or  more  licensed  practicing  physicians  to  examine  the  person 
alleged  to  be  insane.  If  the  physicians  certify  upon  oath  that  the 


149  NEVADA 

charge  is  correct,  and  if  the  judge  is  satisfied  that  the  person  is 
by  reason  of  insanity,  unsafe  to  be  at  large,  incompetent  to  provide 
for  his  proper  care  and  support,  has  no  property  applicable  for  such 
purpose,  and  has  no  husband  or  wife,  father  or  mother,  children, 
brother  or  sister  living  within  the  state  of  sufficient  ability  to  pro- 
vide care  and  support,  he  must  commit  him  to  the  hospital,  and  commitment 
transmit  to  the  superintendent  a  copy  of  the  complaint,  commit- 
ment, and  physicians'  certificate,  together  with  a  transcript  of  the 
court  examination,  which  must  be  in  the  form  prescribed  by  the 
board  of  commissioners. 

c.  Voluntary  admission.  , 

d.  Appeal   from   commitment.     Any   person   restrained    of    his  ^ome1fed^aws! 
liberty  may  prosecute  a  writ  of  habeas  corpus  to  inquire  into  the    6"6- 
cause  of  it.     A  writ  may  be  granted  by  any  judge  of  the  supreme  or    6"8- 
district  courts. 

e.  Cost  of  commitment.     The  district  judge  must  inquire  mto  J£w2s3°f.1913' 
the  ability  of  insane  persons  committed  by  him  to  bear  the  expenses    9- 
attending  commitment  to  the  hospital.     If  the  insane  person  has 
means,  the  district  judge  must  appoint  a  guardian,  who  shall  pay 

all  proper  costs  and  charges  incidental  to  commitment.     If  the  per- 


son is  unable  to  pay  the  costs  of  commitment,  the  judge  may 
them  among  such  of  the  patient's  kindred  residing  in  the  state  as  he 
may  deem  just  and  equitable;  otherwise,  the  expense  of  committing 
indigent  insane  persons  from  the  various  counties  of  the  state  to  the 
hospital  constitutes  a  charge  upon  the  state. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  person  committed  must  be  delivered,  together  with  the  £* 
warrants  of  the  judge,  certificates  of  the  physician,  and  a  transcript    l8- 
of  the  court  proceedings,  to  the  sheriff  of  the  county.     The  sheriff 
notifies  the  superintendent  of  the  state  hospital,  who  designates  a 
hospital  employee  to  transport  the  insane  person  to  the  hospital, 
which  employee  the  sheriff  must  deliver  the  patient. 

Any  relative  of  the  first  degree  has  the  right,  however,  to  act  as 
attendant  at  his  own  expense,  and  no  female  may  be  conveyed  to 
the  hospital  without  at  least  one  female  attendant  or  a  relative 
the  first  degree. 

The  expense  of  sending  patients  to  the  hospital  must  be  paid  by  £,°1^eofance 
the  guardian  if  the  patient  has  means ;  if  the  patient  is  indigent,  the 
cost  may  be  assessed  among  near  relatives  residing  in  the  state; 
otherwise,  the  cost  of  conveyance  is  paid  by  the  state. 


NEVADA  150  x 

5.  TRANSFER  OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

All  patients  committed  to  the  state  hospital  are  considered  to  be 
on  probation  for  the  first  thirty  days.     At  the  end  of  the  probation- 
ary period  the  superintendent  may,  if  he  deems  it  desirable,  notify 
the  board  of  commissioners,  asking  it  to  authorize  him  to  request 
the  district  judge  of  the  county  in  which  the  hospital  is  located  to 
Examination,    appoint  SL  commission  of  three  competent  physicians  to  examine  the 
patient.     If  the  commission  determines  that  the  patient  is  not  un- 
safe to.  be  at  large  by  reason  of  his  insanity,  although  unsafe  at  large 
because  of  feeblemindedness,  illness,  or  bodily  infirmities,  the  super- 
Discharge,       intendent  must  notify  the  commissioners  of  the  county  from  which 
the  patient  was  committed,  and  the  commissioners  must  take  the 
patient  back  to  the  county  at  the  county's  expense.     Should  the 
Retention.        commissioners  agree  to  pay  the  state  the  actual  expense  of  maintain- 
ing the  patient  at  the  state  hospital,  the  patient  may  be  kept  at  the 
state  hospital  at  the  expense  of  the  county. 

7.  COST  OF  MAINTENANCE 

compnyed°iaws.'      Indigent  insane  persons  are  cared  for  at  the  hospital  at  the  expense 
of  the  state.     In  the  case  of  a  patient  of  means,  a  guardian  is  ap- 
P*r2ooShable'    Pom^ed  who  must  pay  for  his  care  and  support  during  the  period 
•  of  his  insanity,  or  so  long  as  there  is  sufficient  means  to  meet  the 

2j  expenses.     If  such  insane  person  has  no  means  applicable  to  his 

^  support,  but  has  kindred  in  the  degree  of  husband  or  wife,  or  (if  a 

£  minor)  father  or  mother  living  within  the  state,  of  sufficient  means, 

^  the  judge  before  whom  the  examination  is  had  must  order  all  ex- 

penses and  charges  paid  by  the  nearest  of  such  kindred,  or  may 
Q  assess  them  among  the  kindred  as  he  may  deem  equitable. 

£J  8.  CRIMINAL  INSANE 

Ij  When  a  defendant  in  a  criminal  case  appears  to  be  insane,  the 

£  question  must  be  submitted  to  the  regular  or  to  a  special  jury.     An 

>.  acquittal  on  the  ground  of  insanity  must  be  followed  by  an  order  of 

JJ  the  court  committing  the  person  to  the  hospital  for  mental  diseases. 

v?ChW23°if.1913'        When  a  convict  undergoing  imprisonment  in  the  Nevada  state 

(t    15-  prison  becomes  insane  and  is  so  adjudged  by  a  commission  of  lunacy 

appointed  by  the  court  as  in  other  cases  of  insanity,  the  warden 

must  deliver  him  to  the  superintendent  of  the  state  hospital  for 

detention  and  treatment.     If  the  convict  is  restored  to  sanity  before 

the  expiration  of  his  sentence,  he  must  be  returned  to  the  warden 

of  the  state  prison  to  serve  the  unexpired  term  of  his  sentence,  unless 

he  is  released  by  order  of  the  board  of  pardons. 


151 
NEW  HAMPSHIRE 

Authorities : 

Public  Statutes  of  New  Hampshire,  1901 

Supplement  to  Public  Statutes  of  New  Hampshire,  1901-1913 

Laws  of  New  Hampshire,  1915,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  state  board  of  health,  which  is  composed  of  1<^cmission 
the  governor,  the  attorney  general,  three  physicians  and  a  civil  P.s.ch.io. 
engineer,  constitute  a  commission  of  lunacy.     The  physicians  and 
engineer  are  appointed  by  the  governor  for  terms  of  four  years. 

The  commission  is  charged  with  the  duty  of  visiting  and  inspect-    34. 
ing  all  hospitals  and  other  institutions  for  insane  persons  at  least 
once  in  four  months,  and  to  examine  into  all  matters  relating  to  the 
care  and  general  welfare  of  the  inmates.     It  may  order  the  removal    35. 
of  any  indigent  insane  person  to  the  state  hospital. 

The  commission  must  keep  a  correct  record  of  the  number  of 
commitments,  discharges  and  deaths  at  each  hospital,  institution 
or  other  place  of  detention,  giving  details  as  to  age,  sex  and  nation- 
ality, and  report  the  same  annually  to  the  governor  and  the  council. 
The  superintendent  of  every  hospital  or  other  place  where  insane  are 
confined  must  within  three  days  after  the  commitment  of  any  person 
notify  the  commission  of  lunacy  of  the  fact. 

Any  person  or  corporation  desiring  to  maintain  a  sanatarium  J£™t«s 
or  hospital  for  the  reception  of  persons  of  unsound  mind  or  for  the  Laws  of  1917. 
treatment  of  specific  diseases  must  first  make  application  to  the  state    *• 
board  of  health.     After  investigation  the  board  may  issue  a  license 
to  the  applicant  with  such  restrictions  as  are  deemed  necessary. 
The  hospital  or  sanitarium  must  be  open  to  inspection  by  the  board    3. 
of  health  at  all  times.     Any  person  violating  the  above  provisions 
may  be  fined  not  more  than  $500  or  imprisoned  for  not  more  than 
one  year,  or  both. 

The  board  of  charities  and  corrections  is  composed  of  five  persons  Board  of  cha 
appointed  by  the  governor  and  the  council  for  five  years.     T 
members  receive  no  compensation  except  expenses  incurred.     The 
secretary  of  the  state  board  of  health  is  ex-officio  a  member  of  the 
board  of  charities.     The  board  has  the  duty  of  inspecting  all  state 
and  county  charitable  and  correctional  institutions.     The  board 
must  report  biennially  to  the  governor  and  may  make  recommenda- 
tions to  the  county  commissioners. 

The  board  of  trustees  of  state  institutions  consists  of  the  governor  J 
and  five  persons  who  are  appointed  by  him  with  the  consent  of  the£°^ss-o{ 
council  for  terms  of  five  years.     The  members  receive  eight  dollars ch- 2°6- 


NEW  HAMPSHIRE  152- 

a  day  and  expenses  for  each  day  they  are  engaged  in  their  official 
ch.  112.  duties.     The  board  has  control  of  five  institutions  including  the 

hospital  for  the  insane.  All  the  powers  and  duties  heretofore  im- 
posed and  conferred  upon  the  boards  of  trustees  of  each  of  these 
institutions  are  now  imposed  upon  the  new  board  of  trustees.  The 
board  must  hold  a  regular  meeting  at  least  once  each  week,  and  at 
such  other  times  as  its  duties  require,  for  the  purpose  of  hearing 
such  matters  as  the  superintendents  of  the  institutions  may  desire 
4-  to  bring  to  its  attention.  Each  institution  must  be  visited  and 

inspected  by  a  member  of  the  board  at  least  once  each  month  and 
the  board  must  make  rules  for  such  visits  by.  its  members  in  rotation 
wentasiag      an(*  such  otner  rules  as  may  be  deemed  proper.     The  board  must 
Jh.T7ef  I9IS'    emPl°y  a  competent  person  to  act  as  purchasing  agent  for  all  state 
6,7,9-          departments  and  institutions;  his  annual  salary  must  not  exceed 
$3000. 

b.  Institutional.  There  is  no  local  board  of  trustees  of  the  state 
hospital  for  the  insane.  The  superintendent  is  appointed  by  the 
board  of  trustees  of  state  institutions. 

2.  CARE 

a.  In  state  institutions. 

New  Hampshire  State  Hospital,  Concord;  established  1843;  1,250 
beds. 

b.  In  local  institutions.     There  are  no  local  public  institutions  for 
the  insane. 

3.  COMMITMENT 

p.sg.ch.2.  a<  Persons  committed.  All  insane  persons,  residents  of  the  state 

are  entitled  to  admission  to  the  state  hospital.  The  term  insane  in- 
cludes every  idiot,  non  compos,  lunatic,  insane  or  distracted  person. 

ch^io.  ft.  Legal  procedure  in  commitment.     The  parent,  guardian  or 

friends  of  any  insane  person  may  cause  him  to  be  committed  to  the 

js-  state  hospital  with  the  consent  of  the  trustees.     Any  insane  pauper 

supported  by  a  town  may  be  committed  to  the  hospital  by  order  of 

l6-  the  overseers  of  the  poor  and  supported  at  the  expense  of  the 

town.     In  case  the  overseers  neglect  to  make  such  order  in  regard 

to  any  insane  county  pauper,  the  supreme  court  or  any  judge  thereof 

may  order  him  to  be  committed  to  the  hospital  and  supported  at  the 

'?•  expense  of  the  county.     If  an  insane  person  is  in  such  condition  as 

to  be  considered  dangerous  while  at  large,  a  judge  of  probate  upon 

petition  by  any  person  and  notice  to  the  selectmen  of  the  town, 

chWo  °f  1{^7'may  commit  him  to  the  hospital.  No  person  may  be  committed 
to  the  state  hospital,  except  by  an  order  of  the  court  or  the  judge  of 
probate,  without  the  certificate  of  two  reliable  physicians,  given  after 
a  personal  examination  made  within  one  week  of  the  committal. 


153  NEW  HAMPSHIRE 


When  application  is  made  to'  the  judge  of  probate  or  of  the  supreme  ^p^°tment  of 
court  for  the  committal  of  any  person  to  the  state  hospital,  the  court  physicians. 
may  appoint  two  reputable  physicians  to  examine  said  person,  with 
or  without  notice  to  him  from  the  court.     The  physicians  must  p-&  <=h.  10. 
immediately  report  the  result  to  the  court,  who  may  upon  their  re-  SUPP-  P-  »s. 
port  order  the  person  to  be  committed  to  the  state  hospital  when 
there  is  a  sufficient  reason  for  so  doing.     The  certificate  of  the  phy- 
sicians must  be  accompanied  by  a  certificate  of  the  judge  of  the 
supreme  court  or  court  of  probate,  mayor  or  one  of  the  selectmen. 

c.  Voluntary  admission.     The  superintendent  of  the  hospital  may  ^uapyer^°tdent 
receive  and  detain  any  person  who  applies  to  submit  himself  for  ^aws  of  1917, 
treatment.     Notice  of  admission  must  be  given  to  the  board  of 

lunacy.  The  patient  may  not  be  detained  more  then  seven  days 
after  notice  of  intention  to  leave  is  given.  The  charges  for  support 
are  governed  by  the  law  relating  to  insane  persons. 

d.  Appeal  from  commitment.     The  supreme  court,  or  any  justice  Application. 
thereof,  at  any  time,  with  or  without  notice,  when  proper  application  P-7S-  ch-  I0* 
is  made,  must  investigate  the  question  whether  there  is  sufficient 
reason  for  the  detention  of  any  person  who  has  been  committed  to 

the  hospital,  and  must  order  his  discharge  if  it  ought  to  be  made. 

e.  Cost  of  commitment. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 
5.  TRANSFER   OF  PATIENTS 

The  state  board  of  commissioners  of  lunacy  is  empowered  to  SUPP-  P-  l6- 
transfer  any  indigent  insane  person  to  the  state  hospital,  to  be  sup- 
ported by  the  state,  provided  satisfactory  affidavits  are  executed  by 
the  cojunty  selectmen  or  the  board  of  commissioners  or  both,  and  the 
board  may  declare  that  in  its  judgment  the  patient  or  any  patient 
chargeable  is  able  to  bear  the  expense  incident  to  his  maintenance  at 
the  hospital. 

6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

The  superior  court  or  any  justice  thereof  may  parole  a  person  Parole  by  court. 
committed  to  the  state  hospital  upon  such  terms  and  conditions  as 
justice  may  require;  and  the  court  or  justice  may  at  any  time  revoke 
the  parole  and  order  the  person  returned  under  the  original  com- 
mitment. 

The  superintendent  with  the  approval  of  the  board  of  trustees  ^p"°jjnk£ndent 
of  state  institutions  may  grant  parole'  for  a  period  not  exceeding  six  ££ws  of  1915, 
months. 

Any  person  committed  to  the  state  hospital  may  be  discharged  by  pisshc^gf0 
any  three  trustees,  by  the  commission  of  lunacy,  or  by  a  justice  of  Suap^  p  ig> 
the  supreme  court,  whenever  further  detention  at  the  hospital,  in 


NEW  HAMPSHIRE 


154 


their  opinion,  seems  unnecessary;  but  a  person  so  discharged,  who 
was  under  sentence  of  imprisonment  at  the  time  he  was  committed, 
must  be  remanded  to  prison  for  the  unexpired  period  of  his  sentence 
of  imprisonment.  Provision  is  made  for  inmates  of  the  hospital  to 
make  statements  in  private  to  a  trustee,  and  whenever  a  trustee 
deems  it  proper  he  must  call  to  his  aid  two  other  trustees  who  after 
further  examination  of  the  inmate  and  statements  made  by  him  are 
in  duty  bound  to  discharge  him  if,  in  their  judgment,  further  deten- 
tion is  unnecessary. 

7.  COST  OF  MAINTENANCE 

An  insane  person  committed  to  the  hospital,  who  has  no  means  of 
support,  no  relatives  of  sufficient  ability  who  are  chargeable  with  his 
support,  and  no  settlement  in  any  town  in  the  state,  and  whose  condi- 
tion is  such  that  his  discharge  from  the  hospital  would  be  unsafe, 
must  be  supported  by  the  county  from  which  he  was  committed. 
An  insane  person  chargeable  with  an  offense  under  penalty  of  death 
or  confinement  in  the  state  prison,  and  who  is  committed  to  the 
hospital  by  order  of  the  supreme  court,  must  be  supported  at  the 
expense  of  the  state  during  his  confinement.  Any  other  insane 
person  committed  to  the  hospital  by  the  supreme  court,  judge,  or 
sheriff,  and  any  insane  person  committed  by  a  judge  of  probate  must 
be  supported  by  the  county  from  which  he  was  committed. 

The  county  or  town  paying  the  expenses  for  the  support  of  an, 
inmate  is  entitled  to  recover  the  amount  paid  of  the  inmate  himself 
if  of  sufficient  ability  to  pay;  otherwise  of  the  town,  county  or  person 
by  law  liable  for  his  support.  » 

An  insane  person  who  has  been  an  inmate  of  the  state  hospital  for 
twenty  years,  and  been  supported  in  whole  or  in  part  during  that 
time  by  others  from  the  town  or  county  chargeable  therewith,  and 
who  has  no  means  of  support,  and  no  relatives  chargeable  for  it, 
and  who  can  not  properly  be  discharged  from  the  hospital,  must  be 
supported  there  at  the  expense  of  the  state. 

Indigent  insane  persons  at  the  state  hospital  for  treatment  may 
be  maintained  by  the  state  upon  orders  issued  to  that  effect  by  the 
state  board  of  commissioners  of  lunacy.  When  a  patient,  or  rela- 
tives chargeable  with  his  support,  is  able  to  pay  only  a  part  of  the 
expenses  for  maintaining  the  patient  at  the  state  hospital,  the  state 
board  upon  satisfactory  evidence  of  the  facts,  may  direct  that  the 
part  of  the  expense  of  maintenance  which  can  not  be  met  by  the 
patient  or  relatives,  shall  be  paid  by  the  state. 

8.  CRIMINAL  INSANE 

When  a  person  is  indicted  for  any  offense  or  committed  to  jail 
on  any  criminal  charge  to  await  the  action  of  the  grand  jury,  any 


155  NEW  HAMPSHIRE 

justice  of  the  court  before  whom  he  is  tried  may,  on  the  plea  of 
insanity,  put  such  person  into  the  care  and  custody  of  the  superin- 
tendent of  the  state  hospital,  to  be  detained  and  observed  by  him 
until  further  order  of  the  court.  The  person  so  committed  must  be 
supported  there  at  his  own  expense  if  of  sufficient  means,  otherwise 
at  the  expense  of  the  state. 

Whenever  the  grand  jury  omits  to  find  indictment  against  a  person  fuesr^nfsroe^~ 
because  of  insanity  or  a  person  prosecuted  for  an  offense  is  acquitted  p1™6^  2 
by  the  petit  jury,  the  jury  must  certify  the  fact  to  the  court;  when    J- 
any  person  prosecuted  for  an  offense  pleads  that  he  is  not  guilty  by 
reason  of  insanity,  the  court  may  commit  him  to  a  prison  or  to  the    2- 
state  hospital  to  remain  until  discharged  by  due  course  of  law  if,  in    3- 
the  opinion  of  the  court,  it  would  be  dangerous  to  allow  him  at  large. 

The  governor  and  council,  the  supreme  court,  may  discharge  any  Jf*c^reor 
such  person  from  prison,  or  may  transfer  any  prisoner  who  is  in-  j£ws6of  I9I7> 
sane  to  the  state  hospital  to  be  kept  there  at  the  expense  of  the  state, 
whenever  they  are  satisfied  that  such  discharge  or  transfer  is  neces- 
sary.    Any  prisoner  may  be  temporarily  transferred  to  the  state 
hospital,  for  the  purpose  of  observation,  by  the  board  of  trustees  of 
state  institutions. 


156 


Commissioner 
of  chanties  and 
corrections. 
C.  S. 
P.  453- 


Laws    of    1916. 
167,  3. 


Private 
hospitals. 

P.  3202. 
108. 
107. 


Board  of 
managers. 
Laws  of  1917, 
ch.  7. 


ch.  76. 

c.s! 

P-  3179. 


Medical 
director. 


NEW   JERSEY 

Authorities: 

Compiled  Statutes  of  New  Jersey,  1910 
Laws  of  New  Jersey,  1911,  1912,  1916,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     A  salaried  commissioner  of  charities  and  correc- 
tions, appointed  by  the  governor  for  a  term  of  three  years,  has  the 
duty  of  inspecting  all  charitable  and  correctional  institutions  re- 
ceiving funds  from  the  state.     He  has  power  to  see  all  state  wards, 
must  see  all  such  who  are  in  private  institutions,  and  may  require 
reports  from  the  institutions  under  his  inspection,  together  with 
other  information  in  the  form  he  may  prescribe.     The  commissioner 
must  report  annually  to  the  governor. 

The  commissioner  or  some  officer  representing  the  department  of 
charities  and  corrections  must  visit  the  hospitals  twice  a  year  or 
oftener  and  inquire  into  their  facilities,  equipment,  sanitary  condi- 
tions, accommodations  and  manner  of  management. 

All  private  institutions  for  the  care  of  the  insane  must  be  licensed 
by  the  commissioner  of  charities  and  corrections  upon  plans  ap- 
proved by  him  after  careful  inquiry.  All  licensed  private  institu- 
tions for  the  insane  must  be  inspected  at  least  twice  a  year  by  the 
department  of  charities  and  corrections .  and  reported  upon  to  the 
governor.  A  private  institution  for  the  insane  must  have  at  least 
one  properly  qualified  resident  physician. 

b.  Institutional.     Each  state  hospital  for  the  insane  is  under  the 
general  control  of  a  board  of  managers  consisting  of  ten  persons, 
two  of  whom  must  be  women.     Not  more  than  four  of  the  male 
members  may  belong  to  the  same  political  party.     They  are  ap- 
pointed by  the  governor  for  terms  of  five  years. 

Each  board  is  authorized  and  directed  to  establish  the  necessary 
by-laws  in  regard  to  the  appointment  of  executive  officers,  assistants, 
attendants  and  employees  necessary  for  the  management  of  the  ' 
hospital  and  fixes  the  conditions  of  admission,  support  and  dis- 
charge of  patients.  Each  board  appoints  a  medical  director  and  as 
many  assistants  as  may  be  deemed  necessary,  also  a  warden  of  the 
hospital,  as  general  manager  of  the  buildings,  grounds,  farms,  etc., 
belonging  to  the  hospital,  whose  duty  it  is,  among  other  things,  to 
make  estimates  of  the  amounts  of  money  required  for  the  support 
and  maintenance  of  the  hospital  for  the  next  ensuing  fiscal  year  and 
to  submit  such  estimates  to  the  board  of  managers.  At  least  one 
manager  must  visit  the  hospital  once  in  every  week;  two  or  more 
managers  at  least  once  in  each  month;  a  majority  of  the  board  at 


157  NEW  JERSEY 

least  once  in  three  months ;  and  the  whole  board  at  least  once  a  year. 
The  board  must  make  an  annual  report  to  the  governor  detailing  the    3I91- 
past  year's  operations  and  the  actual  state  of  the  hospital.     Each    66- 
board  is  authorized  to  appoint  a  secretary. 

The  county  hospitals  are  under  the  control  of  the  boards  of  chosen  £^te_ 
freeholders,  who  are  authorized  to  appoint  superintendents  and  other    3193. 
officers  necessary,  subject  to  removal  by  a  vote  of  two-thirds  of  the    ™- 
members,  to  fix  the  compensation  of  officers,  to  establish  rules  for 
the  management  of  the  hospitals,  and  terms  of  admission,  support 
and  discharge  of  patients. 

2.  CARE 

a.  In  state  institutions. 

New  Jersey  State  Hospital  at  Trenton,  Trenton;  established  1847; 

1,600  beds. 
The  New  Jersey  State  Hospital  at  Morris  Plains,  Greystone  Park; 

established  1874;  1,750  beds. 

b.  In  local  institutions.     There  are  nine  county  institutions,  most 
of  them  designed   as  hospitals,  which   receive   committed  insane 
patients  and  derive  support  from  the  state  at  the  rate  of  $2  a  week, 
a  patient.     The  Newark  city  hospital  has  a  psychopathic  ward. 

3.  COMMITMENT 

a.  Persons  committed.  The  indigent  insane  without  a  legal 
settlement  in  any  county  are  committed  to  the  state  hospitals. 
Indigent  insane  having  a  legal  settlement  in  some  county  are  com- 
mitted to  county  institutions  of  the  county  of  which  they  are  legal 
residents  or  may  be  maintained  by  their  counties  at  state  hospitals. 
Idiots,  imbeciles,  and  feebleminded  are  not  considered  insane  unless  ch.W94.°f  Ipl6' 
charged  with  commission  of  crime.  33> 


Pay  patients  may  be  received  at  the  state  hospitals  when  there  are  £;  |j 


vacancies. 


31. 


79. 


b.  Legal  procedure  in  commitment.     No  one  may  be  committed  £a™mih™sepnitais 
to  or  confined  in  any  institution  for  the  care  and  treatment  of  the  p[tais.unty  h°s" 
insane  in  the  state  except  upon  filing  with  the  medical  director  of  the    f,^6' 
institution  an  application  in  writing  by  the  person  interested  in  his 
admission.     The  application  must  be  made  on  an  approved  form. 

If  the  patient  should  be  placed  under  immediate  restraint  a  state-  wmiEiSt. 
ment  of  his  condition  must  appear  in  the  certificate  of  the  physician,  ch.^.0*  Ipl6' 
The  person  making  the  application  must  obtain  an  order  of  tempo-    9>  I0' 
rary  commitment  from  a  judge  of  any  court  of  record  in  the  county 
in  which  the  person  resides.     Justices  of  the  peace  are  not  consid- 
ered judges  of  courts  of  record  in  places  where  a  district  court  exists. 
If  it  is  impossible  to  obtain  an  order  of  temporary  commitment  a 
statement  to  that  effect  in  the  application  and  certificates  will  war- 
rant the  patient's  detention. 


NEW  JERSEY 


158 


of°iunacyioner 
LachS9,J,1916' 


ch.  94. 


Orders  of  temporary  commitment  must  contain  proof  of  the 
patient's  mental  condition,  and  must  be  filed  with  the  medical  di- 
rector of  the  institution  to  which  commitment  is  made.  The  orders 
are  valid  for  twenty  days.  The  medical  director  must  mail  certified 
copies  of  the  temporary  commitment  papers  to  the  commissioner 
in  lunacy  of  the  county  from  which  commitment  is  requested.  The 
commissioner  must  apply  to  the  court  to  fix  a  day  for  the  final 
hearing,  which  must  not  be  more  than  20  days  from  the  date  of  the 
°f  Ipl7  'temporary  order  of  commitment.  The  judge  must  serve  notice 
upon  the  patient  and  others  interested;  may  make  inquiry  and  take 
proofs  of  insanity  of  the  person  so  confined  and  in  his  discretion 
call  a  jury.  The  inquiry  must  be  concluded  within  three  months 
after  the  presentation  of  the  application. 

^  counties  where  the  county  counsel,  county  solicitor,  county 
county  physician,  or  county  probation  officer  or  any  of  their 
assistants  is  now  in  charge  and  supervision  of  the  preparation  of 
papers  relating  to  the  commitment  of  insane,  such  person  shall 
be  known  as  the  commissioner  in  lunacy;  —  in  all  other  counties  the 
judge  of  the  court  of  common  pleas,  with  the  consent  of  the  board 
of  chosen  freeholders,  shall  designate  some  county  official  as  com- 
missioner in  lunacy.  The  commissioner  shall  have  charge  and 
supervision  of  the  preparation  of  papers  relating  to  the  commitment 
of  the  insane.  The  board  of  chosen  freeholders  must  notify  the 
various  institutions  of  the  name  and  address  of  such  commissioner. 

^  *ke  justice  or  judge  finds  the  person  insane,  he  must  so  certify, 
and  order  him  confined  in  one  of  the  institutions  for  the  care  and 
treatment  of  the  insane  in  the  state  until  he  has  recovered,  or  is 
removed  or  discharged.  The  order  is  filed  with  the  clerk  of  the 
county,  who  must  forward  a  certified  copy  to  the  medical  director  of 
the  institution  in  which  the  person  is  confined  .  If  the  j  ustice  or  j  udge 
determines  that  the  person  is  sane,  he  must  order  his  discharge  from 
the  institution  in  which  he  is  confined,  and  file  the  papers  in  the  case 
as  provided  above. 

A  physician  certifying  to  the  insanity  of  any  person  for  the  purpose 
of  securing  his  commitment  as  insane  must  be  of  reputable  character, 
licensed  to  practice  medicine,  a  permanent  resident  of  the  state,  who 
has  been  in  the  actual  practice  of  his  profession  for  at  least  five  years. 
No  certificate  of  insanity  may  be  made  except  after  a  personal  ex- 
amination of  the  person  alleged  to  be  insane  held  not  more  than  ten 
days  prior  to  his  confinement,  and  according  to  forms  approved  by 
the  commissioner  of  charities  and  corrections. 

The  medical  certificates  must  contain  a  thorough  description  and 
identification  of  the  person  sought  to  be  confined,  and  all  required 
information  on  the  approved  forms.  A  non-resident  of  the  state 


159  NEW  JERSEY 

may,  however,  be  confined  on  the  certificates\  of  two  physicians 
having  the  qualifications  required  by  the  laws  of  the  state  from  which 
the  non-resident  is  sent,  who  are  residents  of  the  state  from  which 
the  non-resident  is  sent;  but  a  non-resident  may  not  be  held  in 
confinement  for  more  than  fifteen  days,  except  upon  the  certificates 
of  two  physicians  resident  in  the  state  of  New  Jersey. 

No  physician  may  certify  to  the  insanity  of  any  person  for  the    w- 
purpose  of  securing  his  confinement  in  any  institution  with  which  he 
is  connected  or  interested  in,  or  who  is  a  near  relative,  by  blood  or 
marriage,  or  guardian  or  trustee  of  the  person  sought  to  be  confined. 

Application  may  be  made  by  a  person  interested  by  reason  of  L££sCaof0ni"9,6 
relationship  or  marriage,  by  the  person  having  charge  or  care  of  the  ^94. 
patient,  or  by  a  sheriff,  overseer  of  the  poor,  chief  of  police  or  police 
captain,  warden  or  other  officer  of  any  correctional  or  charitable 
institution  in  which  the  patient  may  be. 

Every  medical  director  of  an  institution  for  the  insane  must,  £ngy- 
within  three  days  after  the  reception  of  a  patient,  have  a  descriptive  p-  I31- 
entry  recorded  of  his  case,  and  from  time  to  time  other  entries  in 
regard  to  the  mental  state,  bodily  condition  and  medical  treatment 
of  the  patient,  together  with  the  forms  of  restraint  employed.     In 
the  event  of  the  discharge  or  death  of  the  patient  the  medical  director 
must  record  the  circumstances. 

In  case  of  temporary  commitment,  the  director  sends  copies  of  the 
papers  to  the  county  commissioner  in  lunacy,  who  presents  them  to 
the  judicial  officer  of  the  county. 

If  a  person  residing  in  the  state  is  insane  and  indigent,  it  must  to£igent 
be  set  forth  in  the  application.     The  justice  or  judge  to  whom  appli-     132. 
cation  is  made  must  determine   the  question  of  his  indigence  as 
well  as  of  his  insanity. 

If  he  finds  that  the  person  is  insane,  but  not  indigent,  he  must  so    XM« 
certify,  and  order  him  confined  in  one  of  the  institutions  for  the  care 
and  treatment  of  the  insane,  if  proper  arrangements  have  been  made 
for  his  maintenance;  and  the  judge  must  ascertain,  if  possible,  the 
legal  settlement  of  the  person. 

If  the  judge  finds  the  person  to  be  insane  and  indigent  and  to     I34- 
have  a  legal  settlement  in  the  county  in  which  he  resides,  he  must 
order  him  confined  in  the  institution  for  the  care  and  treatment  of 
the  insane  owned  by  the  county  in  which  he  has  a  legal  settlement, 
otherwise  in  a  state  institution  for  the  insane. 

If  the  chief  medical  officer  of  any  hospital  for  the  insane  has  a    3205. 
doubt  of  the  insanity  of  a  patient  admitted  by  him,  he  must  certify 
it  to  the  county  commissioner  in  lunacy. 

The  proceedings  in  committing  insane  patients  to  private  in- 
stitutions  are  the  same  as  those  required  for  commitment  to  public 
institutions. 


NEW  JERSEY  160 

Application.          c>  Voluntary  admission.     Any  resident  of  the  state,  believing 
*43.  himself  about  to  become  insane  and  desiring  to  submit  himself  to 

treatment,  may  be  admitted  to  any  state  hospital  for  the  insane  upon 
application  to  the  medical  director.  The  application  must  give  all 
the  facts  in  the  case,  including  a  declaration  as  to  the  financial 
condition  of  the  applicant.  The  county  commissioner  in  lunacy  is 
notified  and  determines  the  patient's  financial  condition.  He  is  sup- 
ported on  the  same  terms  as  one  committed. 

J44-  A  voluntary  patient  may  be  discharged  upon  the  certificate  of  the 

medical  director,  because  he  is  cured  or  because  treatment  in  the 

institution  is  unnecessary  or  undesirable.     A  voluntary  patient  may 

leave  the  institution  upon  three  days'  notice  to  the  medical  director. 

'35.  d.  Appeal  from  commitment.     The   patient   or   any   friend   or 

relative  in  his  behalf  may  obtain  a  writ  of  habeas  coVpus. 
ch%4°f  Ipl6'        e.  Cost  of  commitment  is  borne  by  the  applicant  or  the  county. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

Laws  of  .1916,     When  a  female  patient  is  to  be  taken  to  any  institution  she  shall 
35-  be  accompanied  by  husband,  brother,  father,  son  or  family  physician 

or  suitable  female  attendant. 

5.  TRANSFER  OF  PATIENTS 

Laws  of  1916,      The  judicial  officer  of  the  county  has  authority  to  order  a  transfer, 
30-  the  cost  of  which  is  borne  by  the  institution  from  which  the  patient 

is  transferred. 

6.  PAROLE   AND   DISCHARGE   OF   PATIENTS 

il^se  0^1916      ^nv  Patient  except  one  transferred  from  a  penal  or  correctional 
ch.  167.  institution  may  be  paroled  or  discharged  on  the  certificate  of  the 

medical  director  under  regulations  prescribed  by  the  board  of 
managers  of  the  state  hospital  or  freeholders  of  the  county.  Pa- 
tients discharged  must  be  furnished  with  suitable  clothing  and 
necessary  traveling  expenses,  not  exceeding  $10. 

The  board  of  managers  may  discharge  an  indigent  non-resident 


•  Sg  patient  to  relatives  living  in  another  state  or  foreign  country  when 

it  can  be  done  without  danger  to  him;  or  any  non-indigent  patient  if 
those  liable  for  his  board  are  six  months  in  arrears  of  payment.  (See 
3.  d.  Appeal  from  commitment;  habeas  corpus.) 

7.  COST  OF  MAINTENANCE 

The  state  Payg  $2-50  Per  week  toward  the  cost  of  the  support  of 
indigent  patients  in  the  state  hospital;  and  the  county  from  which 
they  were  sent  pays  $2  per  week  and  furnishes  clothing. 

Indigent  patients  without  a  legal  settlement  in  any  county  are 
supported  by  the  state. 


161  NEW  JERSEY 

Every  insane  person  in  an  institution  for  the  insane  is  personally  Parties  liable, 
liable  for  his  maintenance.     The  trustee,  guardian  or  relative  bound    *&•' 
by  law  to  provide  for  him  if  he  had  not  been  sent  to  the  institution 
is  liable  for  the  expenses  of  his  clothing  and  maintenance.     The 
parents,  grandparents,  the  children  and  grandchildren,  husband  or    X3». 
wife,  if  of  sufficient  ability,  of  every  insane  person  in  an  institution 
for  the  insane  whose  estate  is  not  sufficient  for  his  support,  are  liable 
for  his  maintenance. 

If,  after  commitment  as  indigent,  a  person  is  able  to  pay  for  his  w- 
maintenance,  or  some  other  person  is  able  to  pay  for  it,  or  some  other 
person  is  legally  bound  for  his  support,  the  county  from  which  he  was 
committed  must  collect  the  sums  due  for  his  maintenance.  When  it 
is  found  after  the  commitment  of  any  person  as  a  non-indigent  pa- 
tient that  his  estate  is  unable  to  pay  for  his  maintenance,  he  becomes 
on  judicial  order  an  indigent  patient,  and  his  board  and  maintenance 
are  a  charge  upon  the  county  in  which  he  has  a  legal  settlement. 

8.  CRIMINAL  INSANE 
When  a  person  has  escaped  indictment,  or  been  acquitted  of  aPers°n/  ex- 

*  r  cused  from 

criminal  charge  upon  trial,  on  the  ground  of  insanity,  the  court,  if  gjmse-of  I9l6 
his  insanity  in  any  degree  continues,  must  order  him  to  be  sent  to  the  ch^4- 
house  of  detention  for  criminal  insane  at  the  Trenton  State  Hospital 
or  to  a  county  asylum.     In  case  he  had  legal  residence  in  a  county, 
that  county  bears  its  proportion  of  the  expense  of  maintenance, 
otherwise  the  state  bears  it. 

The  proceedings  in  committing  the  criminal  insane  are  the  same  commitment. 
as  in  other  commitments.     If  the  judge  finds  the  person  in  question  p-**°6- 
insane  he  must  so  certify,  and  order  him  discharged  from  imprison- 
ment and  confined  in  one  of  the  state  institutions  for  the  insane,  or 
in  a  county  institution  for  the  insane,  until  he  is  restored  to  reason  or 
removed  or  discharged.     If  the  person  is  restored  to  reason  during 
the  pendency  of  the  proceedings,  he  must  be  remanded  to  the  place 
in  which  he  was  confined,  but  not  unless  the  medical  direct9r  of  the 
institution  in  which  he  is  confined,  presents  to  the  judge  a  certificate 
that  he  has  been  restored  to  reason. 

In  cas"e  a  person  confined  in  state  prison  appears  insane,  the  same  £*ws  of  1«>l6' 
procedure  is  followed  as  in  other  cases  of  insanity.     If  the  prisoner    *6- 
is  found  insane,  the  judge  orders  his  commitment  to  the  state 
hospital  for  the  district  in  which  he  was  convicted.     If  upon  re- 
covery his  sentence  has  not  expired,  he  must  be  returned  to  serve  out 
the  remainder  of  it. 


162 
NEW  MEXICO 

Authority: 

New  Mexico  Statutes,  1915 

i.  ADMINISTRATION  AND   SUPERVISION 
a.  General.     The  state  is  without  a  board  having  general  super- 
vision and  control  of  the  insane. 

statutes!'  k.  Institutional.     The  state  hospital  is  under  the  management  of 

5089.  a  board  of  five  unsalaried  directors,  appointed  by  the  governor. 

The  directors  are  responsible  for  the  buildings  and  property  of  the 
hospital,  have  the  care  and  custody  of  all  patients,  and  the  dis- 
5092.  bursement  of  all  moneys..    The  president  of  the  board  is  the  chief 

executive  officer.     He  has  general  direction  of  the  affairs  of  the 
hospital,  nominates  and  with  the  advice  and  consent  of  the  board 
5096.  of  directors,  employs  all  physicians,  nurses,  guards  and  other  neces- 

sary employees,  and  fixes  their  salaries.  The  board  enacts  laws  and 
regulations  for  the  government  of  the  hospital,  its  employees  and 
inmates,  and  has  power  to  remove  any  officer  or  employee  of  the 
asylum.  The  board  has  discretionary  power  in  case  of  absolute 
necessity  to  remove  patients  to  the  nearest  possible  safe  and  ap- 
propriate place;  to  regulate  the  accounts;  to  examine  and  audit  the 
expenditure  for  employees  and  all  other  expenses;  to  make  regula- 
tions and  fix  the  terms  upon  which  insane  patients  who  are  not 
indigent  or  who  are  not  residents  of  the  territory  may  be  admitted. 
Jupelintendent.  The  medical  superintendent  must  be  a  graduate  in  medicine  and 
5°97-  have  practiced  his  profession  five  years  after  the  date  of  his  diploma. 

2.  CARE 

a.  In  state  institutions. 

New  Mexico  Insane  Asylum,  Las  Vegas;  established  1893;  250  beds. 

b.  In  local  institutions. 

3.  COMMITMENT 

S°SM>-  a.  Persons  committed.     All  insane  residents  of  the  state  are 

entitled  to  admission  to  the  state  hospital.  No  case  of  idiocy.,  simple 
feeblemindedness,  delirium  tremens  or  mania  from  drinking  may  be 
received,  and  no  person  with  a  contagious  or  infectious  disease.  Non- 
resident indigent  insane  may  not  be  admitted  unless  they  became 
insane  while  within  the  state.  Resident  indigent  insane  have 
preference  in  admission. 

Affidavit.  b.  Legal  procedure  in  commitment.     Whenever  it  appears,  by 

affidavit,  to  the  satisfaction  of  a  judge  of  the  peace  of  any  county, 
that  a  person  within  the  county  is  so  far  disordered  in  his  mind  as  to 
endanger  his  health,  person  or  property,  he  must  issue  a  warrant 


163  NEW  MEXICO 

directing  the  person  to  be  taken  before  any  judge  of  the  district 
court  within  the  proper  district  for  examination.  The  judge  of  the 
district  court  must  subpoena  two  or  more  witnesses,  best  acquainted 
with  said  person,  to  appear  and  testify  before  him  at  the  examina- 
tion. A  subpoena  must  also  issue  for  at  least  one  graduate  of 
medicine ,  requiring  him  to  attend  the  examination.  If  the  physician 
certifies  that  the  person  is  insane  and  that  it  would  be  dangerous  for 
him  to  be  at  large  in  the  community,  and  the  court  is  satisfied  of  the 
same,  he  must  order  the  person  to  be  committed  to  the  state  hospital. 
If  the  person  is  indigent,  the  judge  must  so  certify  to  the  board  of 
directors  of  the  hospital. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     Every  person  restrained  of  his  H*^s  corpus- 
liberty  may  prosecute  a  writ  of  habeas  corpus  to  obtain  relief  from 

the  restraint,  if  it  proves  to  be  unlawful.     Application  for  such  writ    a591- 
must  be  made  by  petition  to  any  judge  of  the  supreme  court,  signed 
and  verified  either  by  the  party  for  whose  relief  it  is  intended,  or  by 
some  person  in  his  behalf. 

e.  Cost  of  commitment.     The  cost  of  examining  and  transporting 
an  indigent  insane  person  is  chargeable  upon  the  county  from  which 
he  was  taken. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

5.  TRANSFER  OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

Insane  persons  received  into  the  asylum  must  be  discharged  upon    5°98< 
recovery.     (See  3.  d.  Appeal  from  commitment;  habeas  corpus.) 

7.  COST   OF  MAINTENANCE 

When  a  person  declared  insane  has  property  of  any  sort  that  Pasro^g  liable" 
can  be  subjected  to  the  payment  of  his  care  and  support  at  the 
hospital,  the  committing  court  must  order  proceedings  to  be  taken 
accordingly. 

8.  CRIMINAL  INSANE 

A  person  under  indictment'  and  found  insane  or  who  has  been 
acquitted  of  a  criminal  charge  on  the  ground  of  insanity,  may  be 
ordered  by  the  court  to  be  kept  in  strict  custody  in  some  place 
specified  by  the  court  while  insanity  continues. 

Insane  convicts  must  be  received  into  the  hospital  and  returned    so^s. 
to  the  penitentiary  upon  their  recovery  unless  their  sentence  has 
expired. 


164 


insanity  La 


commission. 


NEW  YORK 

Authorities:  «» 

Consolidated  Laws  of  New  York,  1910 
Criminal  Code  of  New  York,  1909 
Laws  of  New  York,  1911,  1912,  1914,  1917 

i.  ADMINISTRATION  AND  SUPERVISION 
a>  General.  The  state  hospital  commission  consists  of  three 
members.  One  of  the  commissioners  must  be  a  reputable  physician 
of  at  least  ten  years'  experience  in  actual  practice  and  five  years' 
experience  in  the  care  and  treatment  of  the  insane  in  an  institution 
for  this  class  ;  one  must  be  a  reputable  attorney  of  not  less  than  ten 
years'  standing  and  the  third  a  reputable  citizen.  The  commission 
chooses  one  of  its  members  as  chairman.  All  three  commissioners 
are  salaried  officials,  the  medical  commissioner  receiving  $7,500  per 
annum  and  the  other  two  $5,000  each.  They  are  appointed  by  the 
governor,  the  medical  commissioner  to  hold  office  during  good 
behavior,  and  the  other  two  commissioners  for  a  term  of  six  years. 
Any  commissioner  may  be  removed  by  the  governor  for  cause. 
Attached  to  the  office  of  the  commission  is  a  medical  inspector  who 
is  charged  with  the  inspection  of  the  state  hospitals  and  especially 
with  the  examination  of  the  patients  confined  in  the  different 
hospitals,  and  who  must  have  at  least  five  years'  actual  experience  in 
an  institution  for  the  treatment  of  the  insane. 

^he  commissi°n  'lsj  in  general,  charged  with  the  execution  of  the 
iaws  relating  to  the  custody,  care  and  treatment  of  the  insane,  but 
not  laws  relating  to  feeble-minded  persons,  epileptics  and  idiots. 
It  is  required  to  examine  all  institutions,  public  and  private,  author- 
ized to  receive  and  care  for  the  insane,  and  the  methods  of  govern- 
ment  and  management  of  the  inmates.  The  commission  has  the 
general  oversight  and  the  control  of  all  the  property  of  state  hospitals 
for  the  insane,  and  accepts  and  holds  any  grant  or  bequest  of  mbney 
or  property  for  the  maintenance  of  any  insane  person  in  a  state 
hospital  or  for  other  legitimate  purpose.  The  commission  must 
visit  every  state  hospital  and  every  private  institution  at  least 
twice  a  year  and  make  necessary  recommendations.  The  matters 
that  the  commission  must  examine  and  inquire  into  are  specified  in 
detail.  The  commission  is  required  to  meet  the  board  of  managers 
of  each  hospital  at  least  once  a  year  for  the  consideration  of  the 
management  and  improvement  of  the  institution.  Any  member  of 
the  commission  or  the  medical  inspector  may  visit  any  institution 
where  any  sick  or  infirm  persons  are  received  or  treated  for  the 
purpose  of  ascertaining  whether  insane  persons  are  confined  there 


165  NEW  YORK 

without  authority.     Persons  in  charge  of  such  institutions  must    I0- 
afford  the  commission  free  access  and  all  needed  information.     The 
commission  makes  regulations  in  regard  to  correspondence  of  the 
insane  in  custody,  and  must  approve  books  of  record  or  blank  forms 
for  the  official  use  of  the  hospitals.     The  commission  is  required  to    "• 
submit  an  annual  report   to    the    legislature,  including   financial 
estimates  for  the  hospitals. 

The  hospital  commission  divides  the  state  into  as  many  hospital"Ss«cts! 
districts  as  there  are  state  hospitals,  and  has  power  to  change  their 
limits.     The  hospital  districts  must  be  so  defined  that  the  number  of 
patients  in  each  is  in  proportion,  as  nearly  as  practicable,  to  the 
hospital  accommodations  provided  within  it. 

Physicians  having  obtained  certificates  as  medical  examiners  in 
lunacy  must  file  the  certificate  with  the  clerk  of  their  county  and 
send  a  certified  copy  to  the  hospital  commission  within  ten  days. 
The  commission  must  keep  a  record  of  all  medical  examiners,  and  the 
Tatter  are  not  qualified  until  they  have  received  from  the  commission 
an  acknowledgment  of  the  receipt  and  filing  of  their  certificates. 

The  form  of  the  record  of  patients  to  be  kept  by  the  commission  is 
prescribed  in  detail  by  the  law,  and  all  institutions  are  required  to    IS< 
furnish  the  information  called  for  by  the  record  within  a  specified    l6- 
time,  as  well  as  information  in  regard  to  other  necessary  matters. 

The  commission  is  especially  charged  to  provide  for  the  prospec-  I7- 
tive  wants  of  the  poor  and  indigent  insane  and  for  the  prevention  of 
over-crowding.  It  must  furnish  the  legislature  each  year  an  esti- 
mate of  the  probable  number  of  patients  becoming  inmates  of  the 
respective  state  hospitals  during  the  ensuing  year,  and  the  cost  of 
additional  buildings  and  equipment  when  such  are  necessary.  No 
expenditures  may  be  made  for  additional  buildings  or  extraordinary 
equipment  except  upon  plans  and  specifications  approved  by  the 
commission  and  the  governor. 

The  commission  must  establish  a  bureau  of  deportation  for  the  ^®* 
examination  of  insane,  idiotic,  imbecile  and  epileptic  immigrants  and  I9> 
alien  and  non-resident  insane,  consisting  of  a  medical  examiner  and 
such  medical  or  lay  deputies  as  may  be  necessary,  the  appointments 
being  made  by  the  commission.  The  medical  examiner  of  the  bu- 
reau must  be  a  reputable  physician  of  at  least  ten  years'  active  experi- 
ence in  his  profession  and-of  at  least  five  years'  experience  in  the  care 
and  treatment  of  insane  in  the  hospitals  of  the  state  or  elsewhere. 
He  receives  a  salary  of  $5,000  a  year,  holds  office  during  good  be- 
havior and  is  removable  by  the  commission  for  cause.  The  com- 
mission must  endeavor  to  arrange  for  the  continued  official  recogni- 
tion of  the  bureau  by  the  proper  authorities  of  the  United  States  or 


NEW  YORK  166 

other  states  in  carrying  out  its  purposes.  The  bureau  must  main- 
tain a  careful  inspection  of  the  methods  and  facilities  for  examining 
the  immigrants  with  mental  diseases  at  the  port  of  New  York  and  is 
required  to  report  to  the  commission  from  time  to  time  in  regard  to 
methods  employed,  the  prevalence  of  insanity  among  the  immigrants 
and  the  foreign  born  population  and  to  make  recommendations  in 
regard  to  the  means  by  which  insane,  idiots,  imbeciles  and  epileptics 
may  be  deported.  It  must  examine  alien  and  non-resident  insane 
persons  in  the  state  hospitals,  in  other  public  institutions  and  else- 
where in  order  to  determine  whether  they  are  suitable  cases  for 
deportation  under  the  immigration  law  or  are  removable  to  other 
places  or  states.  The  superintendents  of  hospitals  and  institutions 
must  notify  the  bureau  of  all  such  cases  coming  under  their  jurisdic- 
tion and  furnish  the  necessary  information.  The  bureau  must  notify 
the  authorities  in  charge  of  the  enforcement  of  the  immigration  laws 
at  the  port  of  the  entrance  of  immigrants  found  to  be  insane,  idiotic, 
imbecile  or  epileptic  and  insane  aliens  who  are  or  become  public 
charges  and  arrange  for  their  deportation.  The  bureau  must 
further  notify  the  commission  of  the  location  of  non-residents,  and 
the  commission  must  give  the  bureau  the  necessary  authority  for 
their  investigation  and  removal.  Upon  the  request  of  any  indigent 
insane  persons  or  .on  the  written  consent  of  their  relatives,  legal 
representatives  or  qualified  friends,  the  bureau  may  remove  such 
patients  to  any  country,  state  or  place  to  which  they  belong.  In 
making  transfers  and  removals,  the  bureau  is  required  as  far  as 
practicable  to  employ  nurses  and  must  employ  female  nurses  or 
attendants  to  accompany  female  patients  unless  it  is  certified  by 
the  medical  superintendent  that  they  are  in  condition  to  travel 
alone  in  safety. 

private*  f°r  Institutions  for  the  care  and  treatment  of  the  insane  for  cpmpensa- 
ins^tutions.  ^jon  must  be  licensed  by  the  hospital  commission.  Application  for 
license  must  be  accompanied  by  a  plan  of  the  premises  proposed  to 
be  occupied,  with  such  other  information,  and  in  such  form,  as  the 
commissiQn  may  require.  The  commission  may  at  any  time  in- 
vestigate how  far  a  licensed  institution  is  conducted  in  compliance 
with  the  license,  and  may,  if  the  interests  of  the  inmates  of  an  institu- 
tion require  it,  amend  or  revoke  any  license  granted. 

!ntoetheacareSof  When  the  commission  has  reason  to  believe  that  any  person 
adjudged  insane  is  wrongfully  deprived  of  his  liberty,  or  is  cruelly  or 
improperly  treated,  or  inadequate  provision  is  made  for  his  care 
and  safe-keeping,  it  may  order  an  investigation  of  the  facts,  compel 
the  attendance  of  witnesses  and  the  production  of  papers,  and  ex- 
ercise the  powers  of  a  referee  in  the  supreme  court.  If  the  order 


th92Dsane' 


167  NEW  YORK 

made  by  the  commission  for  remedial  treatment  is  just  and  reason- 
able, and  approved  by  a  justice  of  the  supreme  court,  it  is  binding 
upon  any  and  all  institutions  to  whom  it  is  directed,  and  any  wilful 
disobedience  of  it  is  a  crime.  When  the  commission  undertakes  an 
investigation  into  the  general  management  of  an  institution  for  the 
insane,  it  may  give  notice  to  the  attorney  general,  who  must  appear 
personally  or  by  deputy  and  examine  the  witnesses.  The  commis- 
sion may  at  any  time  visit  and  examine  inmates  of  any  county  or  city 
almshouses  to  ascertain  if  insane  persons  are  kept  therein. 

The  authorities  of  each  institution  for  the  insane  must  place  on  file  ^ng'to^ke"  t 
in  the  office  of  the  institution  the  recommendations  made  by  the011^16- 
commissioners  as  a  result  of  their  visits,  for  the  purpose  of  consulta- 
tion by  such  authorities  and  for  reference  by  the  commissioners  upon 
their  visits. 

Justices  of  the  supreme  court  are  authorized  to  appoint  visitors 
state  hospitals,  upon  nomination  of  the  State  Charities'  Aid  As- 
sociation. 

The  hospital  development  commission  consists  of  the  state  engi- 
neer,  the  chairman  of  the  state  hospital  commission,  the  state 
architect,  the  chairman  of  the  senate  finance  committee,  the  chair- ch- 
man  of  the  assembly  ways  and  means  committee,  two  members 
appointed  by  the  governor  and  one^member  of  the  legislature  who  is 
appointed  by  the  minority  leaders  of  the  senate  and  the  assembly 
from  one  of  the  financial  committees  of  the  legislature. 

The  commission  has  charge  of  the  construction  of  the  state  hos- 
pitals,  must  adopt  a  general  plan  of  hospital  development,  provide 
for  the  proper  accommodation  of  surplus  patients  and  make  recom- 
mendations to  the  legislature. 

b.  Institutional.  Each  state  hospital  is  under  the  control  of  a 
board  of  managers,  subject  to  the  powers  of  the  commission,  consist- 
ing of  seven  members,  of  whom  two  must  be  women,  appointed  by 
the  governor  for  terms  of  seven  years.  If  any  manager  fails  to  at- 
tend  for  six  months  the  regular  meeting  of  his  board  without  due 
excuse,  his  place  may  be  declared  vacant. 

The  managers,  who  do  not  receive  any  compensation  for  their  J^ti 
services,  have  control  of  all  the  property  and  the  general  direction  managers, 
of  the  internal  affairs  of  the  institution  to  which  they  are  appointed, 
subject  to  the  powers  of  the  commission.     The  rules  and  regulations 
must  be  uniform  for  all  the  state  hospitals.     The  superintendent 
of  each  hospital  is  required  personally  to  submit  at  each  monthly 
meeting  of  the  board  a  report  showing  the  changes  in  population, 
health   of   patients,   officers   and   employees,    accidents,    suicides, 
unusual  sickness,  etc. 


NEW  YORK 


168 


Appointment 
of  superin- 
tendents. 


Powers  and 
duties  of 
superintend- 
ents. 
45  (I). 


45  (12). 


48. 


49-5<5. 


The  further  duties  of  each  board  in  regard  to  the  general  interests 
of  the  hospital,  maintaining  proper  inspection,  keeping  records, 
holding  regular  meetings,  making  reports  of  the  condition  of  the 
patients  and  the  institution  to  the  hospital  commission  and  investi- 
gating all  charges  made  against  officers  or  employees  of  hospitals, 
etc.,  are  prescribed  in  detail  by  law. 

The  hospital  commission  has  the  sole  power  of  appointing  the 
superintendents  of  the  hospitals,  but  subject  to  the  approval  of  the 
board  of  managers  of  each  hospital.  The  superintendents  must  be 
well  educated  physicians,  graduates  of  incorporated  medical  colleges 
and  have  at  least  five  years'  experience  in  a  hospital  for  the  insane. 
The  commission  also  has  authority  to  transfer  superintendents  from 
one  hospital  to  the  other.  A  superintendent  may  be  removed  by  a 
vote  of  the  majority  of  the  board  of  managers  for  proper  cause,  if 
approved  by  the  commission.  Charges  of  misconduct  or  incom- 
petency  against  any  superintendent  may  be  made  to  the  board  of 
managers  of  the  hospital  by  the  commission. 

The  superintendents  must  have  an  examination  made  of  each 
patient  within  five  days  after  his  admission.  The  superintendent  of 
each  hospital  has  the  power  to  appoint  resident  officers,  including  a 
woman  physician  and  other  employees,  to  remove  them  for  cause, 
and  to  prescribe  their  duties.  The  commission  determines  the 
number  of  resident  officers  and  employees  and  may,  with  the  ap- 
proval of  the  governor,  abolish  the  office  of  any  of  them. 

The  general  duties  of  the  superintendents  are  prescribed  in  detail. 

A  committee  consisting  of  three  superintendents,  appointed  by  the 
commission,  establishes  by-laws,  rules  and  regulations  governing  the 
appointment  and  duties  of  officers  and  employees  of  all  the  state 
hospitals,  and  for  their  internal  government,  discipline  and  manage- 
ment. The  by-laws  and  regulations  which  must  be  uniform  for  all 
the  hospitals  are  subject  to  the  approval  of  the  commission  and  the 
quarterly  conference  of  superintendents  and  managers  with  the 
commission. 

The  several  superintendents  of  the  hospitals  must  hold  joint 
meetings  at  least  once  in  three  months  to  consult  with  the  commis- 
sion on  matters  pertaining  to  institution  management  and  partic- 
ularly with  reference  to  the  care  and  treatment  of  patients. 

The  law  specifies  minutely  regulations  in  regard  to  allowances, 
salaries,  and  wages;  estimates  of  expenditures;  the  powers  and 
duties  of  the  treasurer  and  steward. 

The  hospitals  for  the  criminal  insane  are  under  the  control  of  the 
state  superintendent  of  prisons  who  appoints  the  superintendents 
and  subject  to  the  approval  of  the  hospital  commission  makes  rules 
and  regulations  for  the  government  of  these  institutions. 


169  NEW  YORK 

2.  CARE 

a.  In  state  institutions. 

Utica  State  Hospital,  Utica;  established  1836;  1,671  beds. 
Matteawan  State   Hospital,  Beacon;  established  1855;  887  beds 

(for  criminal  insane). 

Willard  State  Hospital,  Willard;  established  1865;  2,397  beds. 
Hudson    River    State  Hospital,   Poughkeepsie ;  established   1867; 

3,409  beds. 

Middletown    State    Homeopathic    Hospital,    Middletown;   estab- 
lished 1870;  2,235  beds. 

Buffalo  State  Hospital,  Buffalo;  established  1870;  2,171  beds. 
Binghamton  State  Hospital,  Binghamton;  established  1879;  2,746 

beds. 
St.     Lawrence    State     Hospital,     Ogdensburg;    established    1886; 

2,252  beds. 
Central  Islip  State  Hospital,  Central  Islip;  established  1889;  5,000 

beds. 

Rochester  State  Hospital,  Rochester;  established  1891;  1,627  beds. 
Kings  Park  State  Hospital,  Kings  Park;  established  1895;  4,373  beds. 
Brooklyn  State  Hospital,  Brooklyn;  established  1895;  864  beds. 
Gowanda  State  Homeopathic  Hospital,  Collins;  established  1896; 

1,287  beds. 
Manhattan    State    Hospital,    Ward's    Island,    New    York    City; 

established  .1896;  5,004  beds. 
Dannemora    State    Hospital,   Dannemora;  established   1899;   550 

beds  (for  insane  convicts). 

The  state  sychiatric  pinstitute  is  located  on  Ward's  Island,  New 
York  City. 

b.  In  local  institutions.     There  are  no  local  public  institutions 
for  the  insane,  although  there  are  maintained  in  several  cities,  e.  g. 
Albany,  Brooklyn,  New  York,  and  Syracuse,  psychopathic  hospi- 
tals or  psychopathic  wards  in  connection  with  general  hospitals 
where  the  insane  are  received  for  observation  and  treatment.     If 
the  cases  appear  to  be  chronic  or  of  long  duration,  they  are  com- 
mitted from  these  psychopathic  wards  or  hospitals  to  the  district 
state  hospital.     A  psychopathic  hospital  has  also  been  established 

at  the  state  reformatory  for  women.     Insane  persons  may  not  bep°°rUw- 
committed  to  an  almshouse. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons,  not  idiots,  who  are    8o- 
residents  of  the  state  and  citizens  are  entitled  to  admission  to  the 
state  hospitals  for  the  insane.     Epileptics  and  feeble-minded  persons 
becoming  insane  may  be  committed  to  a  state  hospital. 

The  commission  may  authorize  the  superintendent  of  a  state    8»- 
hospital  to  admit  under  special  agreement  insane  persons  who  are 


NEW  YORK  170 

residents  of  the  state,  other  than  poor  and  indigent,  when  there  is 
room  for  them.  No  such  patient  is  permitted  to  occupy  more  than 
one  room  in  any  state  hospital.  The  payment  of  the  cost  of  main- 
tenance must  be  secured  by  a  surety  company  bond.  The  com- 
mission has  power  to  demand  the  removal  of  such  patients  to  duly 
licensed  private  institutions. 

*>•  b.  Legal  procedure  in  commitment.     A  person  alleged  to  be 

insane,  who  is  not  confined  upon  a  criminal  charge,  may  be  com- 
mitted to  an  institution  for  the  insane  by  an  order  made  by  a  judge 
of  a  court  of  record  of  the  city  or  county,  or  a  justice  of  the  supreme 
court  of  the  judicial  district,  in  which  he  resides,  upon  a  certificate 
by  two  qualified  medical  examiners  in  lunacy,  accompanied  by  a 
verified  petition,  or  upon  such  certificate  and  petition  after  a  hearing 
to  determine  the  question.  The  hospital  commission  furnishes 
blanks  for  such  certificates  and  petitions.  An  insane  person  may  be 
committed  only  to  a  state  hospital,  a  duly  licensed  institution  for  the 
insane  or  the  hospitals  for  the  criminal  insane,  or  to  the  care  and 
custody  of  relatives  or  a  committee. 

phys^ans8  °f       ^he  certificate  of  lunacy  must  be  made  out  by  two  reputable 
8l-  physicians  graduates  of-  an  incorporated  medical  college,  who  have 

been  in  actual  practice  at  least  three  years,  and  have  filed  with  the 
commission  a  copy  of  the  certificate  of  a  judge  of  a  court  of  record, 
showing  such  qualifications  in  accordance  with  the  forms  prescribed 
by  the  commission.  The  physicians  must  jointly  make  a  final 
examination  within  ten  days  before  the  order  is  granted.  The 
certificate  must  contain  the  facts  and  circumstances  upon  which  the 
judgment  of  the  physicians  is  based  and  state  that  the  condition  of 
the  person  requires  care  and  treatment  in  an  institution  for  the 
insane.  Neither  of  the  physicians  may  be  a  relative  of  the  person  or 
have  any  interest  in  the  institution  to  which  it  is  proposed  to  com- 
mit him. 

Whionfor  com_  Any  person  with  whom  ar>  alleged  insane  person  -lives,  or  his 
insane"4  °f  the  near  relatives,  or  the  next  of  kin  available,  or  the  committee  of  his 
person,  or  an  officer  of  any  well-recognized  charitable  institution, 
and  any  overseer  or  superintendent  of  the  poor,  may  apply  for  an 
order  of  commitment  by  presenting  a  verified  petition  containing  a 
statement  of  the  facts  in  the  case,  accompanied  by  the  prescribed 
certificate  of  lunacy  of  the  medical  examiners.  Notice  of  the  ap- 
plication must  be  served  personally  upon  the  person  alleged  to  be 
insane  at  least  one  day  before  it  is  made;  and  if  made  by  an  overseer 
or  superintendent  of  the  poor,  notice  must  also  be  served  upon  the 
relatives  of  the  alleged  insane  person  or  if  relatives  are  not  known, 
then  upon  the  person  with  whom  he  resides. 


171  NEW  YORK 

If  no  demand  is  made  for  a  hearing  on  behalf  of  the  alleged  insane  ^f^e 
person,  the  judge  may  proceed  to  determine  the  question  of  in- 
sanity,  and  if  satisfied  that  he  is  insane,  may  immediately  issue  an 
order  for  his  commitment.  But  if  it  appears  that  he  is  harmless  and 
that  relatives  or  a  committee  are  willing  and  able  to  care  for  him 
at  some  other  place,  the  judge  may  order  him  placed  in  the  care  of 
the  relatives  or  committee.  The  judge  may  require  other  proofs  in 
addition  to  the  petition  and  medical  certificate. 

Upon  demand,  or  upon  his  own  motion,  the  judge  may  direct 
hearing  to  be  held  on  application  within  five  days,  at  which  he  must 
hear  the  testimony  and  examine  the  alleged  insane  person  if  deemed 
advisable,  in  or  out  of  court.  If  the  person  is  found  insane,  the 
judge  must  forthwith  order  him  committed  to  an  institution  for  the 
insane  or  make  other  provision.  If  the  judge  can  not  hear  the  ap- 
plication himself,  he  may  name  some  referee  to  hear  the  testimony 
and  report  to  him.  The  order  of  commitment  to  a  state  hospital  ^ 
must  be  accompanied  by  a  written  statement  of  the  judge  in  regard 
to  the  financial  condition  of  the  insane  person  and  persons  liable  for 
his  support.  The  superintendent  of  the  hospital  must  be  notified 
of  the  commitment  and  at  once  make  provision  for  the  transfer  of  the 
insane  person  to  the  hospital. 

The  petition  of  the  applicant,  the  certificate  of  the  medical  exam- Documents  to 
iners,  the  order  directing  a  hearing,  if  one  be  issued,  and  the  decision  of  ^s^tendent 
the  judge  or  referee,  and  the  order  of  commitment  must  be  presented    ». 
at  the  time  of  the  commitment  to  the  superintendent  of  the  institu- 
tion and  copies  forwarded  by  him  to  the  state  hospital  commission. 
The  same  obligations  in  regard  to  the  papers  in  the  case  rest  upon 
relatives  or  committee  to  whose  care  an  insane  person  is  committed. 

The  superintendent  of  any  institution  for  the  insane  may 
to  receive  a  person  committed  if  the  papers  do  not  comply  with  the 
above  provisions,  or  if,  in  his  judgment,  the  person  is  not  insane 
within  the  meaning  of  the  statute,  or  if  received,  he  may  be  dis- 
charged by  the  commission.  No  person  may  be  admitted  to  any 
such  institution  after  the  expiration  of  ten  days  from  the  date  of  the 
order  of  commitment. 

If  an  insane  person  needs  immediate  care  and  treatment,  or  is 
dangerously  insane,  he  must  at  once  be  received  by  a  state  or  licensed  8a- 
institution  authorized  by  law  to  care  for  the  insane  on  a  certificate 
of  lunacy  executed  by  two  medical  examiners  in  lunacy  after  ex- 
amination upon  the  presentation  of  a  proper  petition,  but  may  not 
be  retained  for  a  period  exceeding  ten  days.  Prior  to  the  expiration 
of  this  time,  an  order  for  his  commitment  must  be  obtained  as 
provided  by  law.  The  superintendent  of  any  institution  may  refuse, 
to  receive  an  insane  person  upon  such  certificate  and  petition  if,  in 


NEW  YORK  172 

his  judgment,  the  reasons  alleged  are  not  sufficient,  or  if  the  condition 
of  the  patient  is  not  of  such  a  character  as  to  make  it  necessary  that 
he  should  receive  immediate  treatment. 

ioca!eofficers          County  superintendents  and  overseers  of  the  poor,  health  officers 
SelnsaJJ0      axic*  otners  having  to  do  with  the  poor  must  see  that  indigent  insane 
87-  persons  are  timely  granted  the  necessary  relief.     They  must  notify 

the  proper  health  officer  of  the  presence  of  the  insane  person,  who 
must  see  that  proceedings  are  taken  for  his  examination  and  com- 
mitment to  a  state  hospital.  When  directed  by  the  health  officer, 
it  is  the  duty  of  the  poor  officer  to  make  application  for  the  person's 
commitment.  Pending  the  examination,  commitment  and  delivery 
to  the  hospital,  the  health  officer  must  see  to  it  that  the  insane  person 
is  properly  cared  for.  In  the  boroughs  of  Manhattan  and  the 
Bronx,  the  duties  prescribed  in  this  paragraph  devolve  upon  the 
trustees  of  Bellevue  and  Allied  Hospitals,  and  in  the  other  boroughs 
of  New  York  City  and  in  the  county  of  Albany  upon  the  commis- 
sioner of  public  charities. 

The  trustees  of  Bellevue  and  Allied  Hospitals,  or  the  commissioner 
of  public  charities  of  New  York  City  or  of  Albany  county,  must  see 
that  proceedings  are  taken  to  determine  the  mental  condition  of 
any  person  from  their  locality  who  is  reported  insane  and  when 
necessary  that  his  commitment  to  an  institution  for  the  insane  is 
secured;  provided  that  the  report  is  made  by  one  with  whom  the 
alleged  person  lives,  or  a  near  relative  or  a  licensed  physician  or  a 
peace  officer  or  by  a  representative  of  an  incorporated  charitable 
society.  When  it  is  reported  to  the  above  authorities  that  an  appar- 
ently insane  person  resides  within  their  respective  boroughs,  they 
must  send  a  nurse  or  a  medical  examiner  in  lunacy,  attached  to  the 
psychopathic  ward  of  their  institution  to  see  the  alleged  insane 
person.  If,  in  the  judgment  of  the  chief  resident  alienist  of  the 
respective  psychopathic  wards  or  of  the  medical  examiners,  the 
person  needs  immediate  care  and  treatment  or  should  be  placed 
under  observation,  he  must  be  removed  to  the  psychopathic  ward, 
'  for  not  over  ten  days,  due  notice  being  given  his  relatives. 

When  a  person  has  been  ordered  committed,  the  local  officials 
must  have  him  transferred  without  unnecessary  delay  to  a  proper 
state  hospital.  In  no  case  may  an  insane  person  be  confined  in  any 
other  place  than  a  state  hospital  or  licensed  private  institution  for 
the  insane  for  more  than  ten  days,  nor  be  committed  as  a  disorderly 
person  to  a  prison  for  criminals.  The  local  authorities  may  provide 
a  plan  for  the  temporary  care  of  alleged  insane  persons,  subject  to 
the  approval  of  the  commission. 

•  An  apparently  insane  person  may  be  arrested  if  disorderly  by  any 
peace  officer  who  must  notify  the  proper  authorities  at  once.  In 


173  NEW  YORK 

New  York  City  a  magistrate  may,  upon  proper  information,  issue  a 
warrant  for  the  apprehension  of  an  apparently  insane  person.  If  the 
person  appears  upon  arraignment  to  be  insane  the  magistrate  must 
commit  him  to  the  custody  of  the  trustees  of  Bellevue  and  Allied 
Hospitals  or  to  the  commissioner  of  public  charities,  as  the  case  may 
be,  who  shall  take  measures  for  the  determination  of  his  mental 
condition. 

When  an  insane  person  has  sufficient  property  to  maintain  himself  ^™^rary 
or  those  liable  for  his  support  are  able  to  do  so,  and  he  is  dangerously  dangerous 
insane,  the  committee  of  his  person  and  estate  or  his  relatives  must  88- 
provide  a  suitable  place  for  his  confinement,  subject  to  the  approval 
of  the  local  health  officer.  The  local  health  officers,  or  in  the 
boroughs  of  Manhattan  and  the  Bronx  (New  York  City),  the  board 
of  trustees  of  Bellevue  and  Allied  Hospitals,  and  in  the  boroughs  of 
Brooklyn,  Queens  and  Richmond  (New  York  City),  and  the  county 
of  Albany,  the  commissioner  of  public  charities  are  required  to  see 
that  the  above  provision  is  complied  with  in  the  most  .humane  and 
speedy  manner.  If  the  committee  of  his  person  or  relatives  refuse 
or  neglect  to  care  for  the  insane  person,  application  must  be  made 
by  the  officials,  named  to  a  judge  of  a  court  of  record  of  the  city  or 
county,  or  a  justice  of  the  supreme  court  of  the  judicial  district  in 
which  such  insane  person  may  reside,  for  his  apprehension  and 
confinement.  Unless  an  order  of  commitment  has  been  previously 
granted,  application  must  be  made  by  the  officers  named  for  his 
commitment  to  the  proper  institution  and  they  must  take  the 
necessary  legal  steps  to  have  him  sent  to  such  institution.  Pending 
transfer  the  officers  in  question  must  have  the  insane  person  cared  for 
in  a  suitable  place  and  provided  with  proper  medical  care  and  nursing. 

Any  person  needing  immediate  care  and  treatment  because  of  £jj^,Jg£2Ji,by 
mental  derangement  other  than  delirium  tremens  or  drunkenness    82,  sec.  2. 
may  be  admitted  to  a  state  hospital  on  the  written  request  of  a 
health  officer  on  an  approved  form.     Unless  the  patient  signs  a 
request  to  remain  as  a  voluntary  patient  he  must  be  examined  and 
committed  in  the  usual  way  within  ten  days.     The  superintendent 
may  refuse  to  receive  a  patient  who  is  deemed  by  him  not  suitable 
for  such  care. 

c.  Voluntary  admission.    The  superintendent  of  any  state  hospital  ^T^ad~ 
or  licensed  private  institution  for  the  insane,  except  the  Matteawan  admit, 
and  Dannemora  State  Hospitals  may,  subject  to  the  regulations  of 
the  state  hospital  commission,  receive  and  retain  as  a  patient  any 
suitable  person  who  voluntarily  makes  written  application  for  admis- 
sion, and  whose  mental  condition  is  such  as  to  render  him  competent 
to  make  it;  but  he  may  not  be  detained  for  more  than  ten  days  after 
having  given  notice  of  his  intention  or  desire  to  leave  the  hospital. 


NEW  YORK  174 

Within  three  days  after  the  admission  of  a  voluntary  patient  the 
superintendent  of  a  state  hospital  must  send  a  record  of  the  patient 
to  the  state  hospital  commission.  The  superintendent  in  charge  of 
a  licensed  private  institution  for  the  insane  must  furnish  the  medical 
commissioner  or  medical  inspector  a  complete  list  of  all  voluntary 
cases  since  his  last  visit.  The  commissioner  or  inspector  must  ex- 
amine such  cases  and  determine  whether  they  belong  to  the  volun- 
tary class.  His  decision  as  to  their  commitment  or  discharge  must 
at  once  be  complied  with.  Failure  to  conform  with  these  require- 
ments is  sufficient  cause  for  the  revocation  of  the  license  of  a  private 
institution. 

proceedings          d.  Appeal  from  commitment.     If  a  person  ordered  to  be  commit- 

comn^tment.     ^e(^'  or  anv  one  representing  him,  is  dissatisfied  with  the  order  of  the 
83-  judge,  he  may  within  thirty  days  after  the  order  is  made,  obtain  a 

rehearing  and  review  of  the  proceedings  upon  petition  to  a  justice  of 
the  supreme  court  other  than  the  justice  making  the  order  of  com- 
mitment. The  justice  must  summon  a  jury  and  try  the  question  of 
the  insanity  of  the  person  committed.  If  the  petitioner  is  other  than 
the  person  committed,  or  his  near  relative,  or  the  one  with  whom  he 
resided,  security  must  be  furnished  for  payment  of  the  costs  of  the 
proceedings.  If  the  person  is  found  to  be  sane,  he  must  forthwith  be 
discharged,  but  if  insane,  the  justice  must  certify  the  fact  and  order 
recommitment  as  upon  the  original  hearing.  If  a  judge  or  justice 
refuses  to  grant  an  application  for  an  order  of  commitment"  of  an 
insane  person  proved  to  be  dangerous  to  himself  or  others,  he  must 
state  his  reasons  for  refusal  in  writing,  and  any  person  aggrieved 
thereby  may  obtain  a  rehearing  and  review,  and  a  determination  of 
the  question  of  insanity  by  a  jury. 

93.  Any  one  held  as  insane  is  entitled  to  a  writ  of  habeas  corpus,  on 

application  made  by  him  or  by  a  friend.  At  the  hearing,  the  medical 
history  of  the  patient  must  be  given  in  evidence,  and  the  superintend- 
ent or  medical  officer  in  charge  must  testify  under  oath. 

to™  orwunty.  e-  Cost  of  commitment.  The  cost  of  determining  the  insanity  of 
an  indigent  person  and  in  securing  his  admission  to  a  state  hospital, 
including  the  expense  of  proper  clothing,  medical  care  and  nursing, 
is  a  charge  upon  the  town,  city  or  county  securing  the  commitment. 

mentburse~  ^  ^e  Person  ^s  n°t  indigent,  the  cost  paid  by  a  town,  city  or  county 
may  be  collected  from  his  estate  or  from  the  persons  liable  for  his 
maintenance. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

Attendant.  The  hospital  to  which  a  patient  is  committed  must  send  a  trained 

attendant  to  bring  him  to  it.  Each  female  patient  must  be  ac- 
companied by  a  female  attendant,  unless  accompanied  by  her  father, 


175  NEW  YORK 

brother,    husband    or    son.     The    commission    may    prohibit    the 
employment  of  an  attendant  it  deems  unfit. 

5.  TRANSFER   OF  PATIENTS 

In  case  of  over-crowding  or  for  other  reasons,  the  state  hospital  sy  the  hospital 
commission  may  order  the  transfer  of  patients  from"  one  state  co^uss 
hospital  to  another,  at  the  expense  of  the  state. 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

The  superintendent  of  a  state  hospital  may  grant  a  parole  to  a  Parole  of 
patient  not  exceeding  one  year,  under  the  general  conditions  pre-Laws  oit  1917, 
scribed  by  the  commission,  during  which  time  the  hospital  is  not 
liable  for  his  expenses,  which  are  then  a  charge  upon  the  committee 
or  person  to  whom  he  is  paroled. 

The  superintendent  of  a  state  hospital,  on  filing  his  written  cer-  Discharge  of 
tificate  with  the  commission,  may  discharge  any  patient,  except  "* 
one  held  upon  an  order  of  the  court  having  criminal  jurisdiction  in 
an  action  or  proceeding  arising  out  of  a  criminal, offense,  as  follows: 
(1)  a  patient  who  has  recovered;  (2)  a  patient  who  is  a  dotard,  not 
insane;  (3)  any  patient  who  has  not  recovered,  but  whose  discharge 
will  not  be  detrimental  to  the  public  welfare  or  injurious  to  himself; 
provided  that  the  superintendent  is  satisfied  that  friends  or  relatives 
of  the  patient  are  willing  and  able  properly  to  care  for  him  after 
discharge. 

When  the  superintendent  is  unwilling  to  certify  to  the  discharge  when  court 
of  an  unrecovered  patient,  any  judge  of  the  court  of  record  in  the  discharge, 
district  in  which  the  hospital  is  situated  may  inquire  into  the  case  and, 
upon  proofs,  having  accorded  the  superintendent  a  hearing,  direct 
the  discharge  of  this  patient,  upon  such  security  as  he  may  require. 

The  commission  may  discharge  any  patient  who,  in  its  judgment,  Discharge 
is  improperly  detained  in  any  institution.  Poor  and  indigent 
persons  discharged  by  the  superintendent  as  idiots,  dotards,  or  as 
epileptics,  not  insane,  or  because  not  proper  cases  for  treatment, 
must  be  received  and  cared  for  by  the  superintendent  of  the  poor  or 
other  authority  having  similar  power  in  the  county  from  which  he 
was  committed.  A  patient  held  upon  an  order  of  a  criminal  court 
in  an  action  arising  from  a  criminal  offense  may  be  discharged  upon 
the  superintendent's  certificate  of  recovery,  approved  by  the  court. 

No  patient  may  be  discharge  or  paroled  from  a  state  hospital 
without  suitable  clothing  and  money.  If  they  can  not  be  otherwise  ^S20of  191 
obtained,  the  steward  must,  upon  the  order  of  the  superintendent 
furnish  the  clothing  and  money,  not  exceeding  twenty-five  dollars, 
to  defray  his  expenses  until  he  can  reach  his  relatives  or  friends  or 
find  employment. 


NEW  YORK  176 

The  superintendent  of  a  licensed  private  institution  may  parole  a 


institution36*1  Patient  for  not  more  than  one  year,  under  conditions  prescribed  by 
Laws  of  1917,  the  commission.  He  may  discharge,  on  filing  his  certificate  with  the 
commission,  a  recovered  patient  or  one  who  has  not  recovered  if  it  is 
not  detrimental  to  public  welfare  or  injurious  to  the  patient.  The 
superintendent,  subject  to  the  approval  of  the  commission,  may 
apply  for  the  transfer  of  a  patient  to  a  state  hospital  whom  he  re- 
fuses to  discharge  and  for  whom  relatives  or  friends  refuse  to  provide 
care  and  treatment. 

todTent0*  Poor  and  indigent  persons  committed  to  a  state  hospital  who  have 

insaneSident     n0^  a  ^eSa^'  settlement  in  the  state  of  New  York  may  be  returned  by 

insanity  Law.    the  hospital  commission,  either  before  or  after  their  admission  to  a 

state  hospital,  to  the  country  or  state  to  which  they  belong  upon  an 

order  issued  by  any  judge. 

7.  COST  OF  MAINTENANCE 

i»'7,  All  poor  and  indigent  insane  persons,  not  in  confinement  under 
criminal  proceedings,  committed  to  state  hospitals,  are  wholly 
supported  by  the  state.  The  cost  of  transfer  of  patients  to  state 
hospitals  is  a  charge  upon  the  state.  The  hospital  commission  must 
secure  from  the  patient's  estate  and  from  relatives  or  friends  liable 
or  willing  to  assume  the  costs  of  support,  reimbursement  at  the  rate 
fixed  by  the  commission,  in  whole  or  in  part.  The  commission  may 
waive  the  whole  or  a  portion  of  the  claim  of  the  state  against  the 
estate  of  a  patient,  when  the  court  by  which  the  committee  was 
appointed  has  directed  the  committee  to  apply  any  part  of  the 
patient's  estate  for  the  maintenance  of  his  family.  The  commission 
may  appoint  agents  to  secure  from  relatives  and  friends  who  are 
liable  or  willing  to  'assume  the  cost  of  support  reimbursement,  in 
whole  or  in  part.  The  commission  may  fix  the  rate  to  be  paid  for  the 
support  of  an  inmate  of  a  state  hospital  by  the  committee  of  the 
patient  or  by  relatives  liable  for  his  support  or  by  persons  willing  to 
assume  the  cost.  The  maintenance  of  -any  inmate  of  a  state  hos- 
pital, committed  upon  a  court  order  arising  out  of  any  criminal 
action,  must  be  paid  by  the  county  from  which  the  inmate  was 
committed. 

The  father,  mother,  husband,  wife  or  children  of  an  insane  person 
if  of  sufficient  ability  and  his  guardian,  if  the  estate  is  sufficient,  must 
maintain  him. 

8.  CRIMINAL   INSANE 

^  tne  defense  °f  insanity  is  made  in  a  criminal  case,  and  the  jury 
acquit  the  defendant  on  that  ground,  the  court  may  order  him  com- 
mitted to  a  state  hospital  until  he  becomes  sane. 


177  NEW  YORK 

If  the  court  believes  a  defendant  to  be  insane  the  question  of  his    481. 
insanity  must  be  tried;  and  if  he  is  found  insane,  he  must  be  com- 
mitted to  a  state  hospital. 

When  a  defendant  pleads  insanity,  the  court  may  appoint  a  com-  6s8- 
mission  of  not  more  than  three  disinterested  persons  to  examine  him 
and  report  as  to  his  sanity.  The  same  procedure  may  be  taken  in 
case  the  defendant  is  in  confinement  under  indictment  and  appears 
to  be  insane.  In  either  case,  the  commission  must  at  once  make 
examination,  to  be  attended  by  the  district  attorney,  and  the  counsel 
of  the  defendant  may  take  part  in  the  proceedings. 

If  the  commission  finds  the  defendant  insane,  and  the  court  deems    6sp. 
his  discharge  dangerous,  the  judge  must  order  him  committed  by  the 
sheriff  to  a  state  hospital,  and  to  be  delivered  by  the  superintendent    66r- 
to  the  sheriff  upon  his  recovery,  in  which  case  the  superintendent 
must  notify  the  judge  of  the  circuit  court  of  the  district  in  which  the 
hospital  is  situated,  whereupon  the  defendant  must  be  brought  back 
to  trial,  judgment,  execution,  or  be  legally  discharged. 

The  expenses  in  such  cases  are  chargeable  upon  the  county  from    66a- 
which  he  was  sent,  which  may,  however,  recover  from  the  estate  of 
the  defendant  or  from  a  relative,  town,  city  or  county,  bound  to 
provide  for  him. 

Whenever  trie  physician  of  the  state  prison  for  women,  of  any  Commitment  of 

.  »••-  *  misdemeanants 

county  penitentiary  or  workhouse,  of  any  reformatory  for  women,  or  whei*  iasane. 

of  the  state  reformatory  or  of  any  other  penal  institution,  reports 

that  a  person  undergoing  a  sentence  of  one  year  or  less  or  convicted 

of  a  misdemeanor,  or  any  female  convict,  is  insane,  the  warden  may 

apply  to  a  judge  of  a  court  of  record  for  an  examination  of  the  person 

by  two  legally  qualified  examiners  in  lunacy,  other  than  the  physician 

connected  with  the  penal  institution  where  the  alleged  insane  person 

is  in  confinement.     If  the  examiners  in  lunacy  are  satisfied  that  the 

convict  is  insane,  the  warden  must  apply  to  a  judge  of  a  court  of 

record  for  an  order  transferring  the  person  to  the  Matteawan  State     II0- 

Hospital.     This  hospital  is  established  for  the  purpose  of  caring  for 

insane  persons  committed  by  the  criminal  courts  or  transferred  to 

it  by  the  state  hospital  commission  and  for  convicted  persons  who 

are  declared  insane  while  undergoing  sentence  for  a  year  or  less 

or  for  a  misdemeanor  and  for  all  female  convicts. 

When  a  convict  in  the  Matteawan  State  Hospital  is  found  i 
at  the  expiration  of  the  term  for  which  he  was  sentenced,  he  may  be  JJ 
retained  until  he  has  recovered  or  is  otherwise  legally  discharged.     "»• 
The  medical  superintendent  of  the  hospital  may  discharge  and  de- 
liver any  patient  whose  sentence  has  expired  and  who  is  still  insane 
but  for  whom  it  is  safe  to  be  at  large,  to  his  relatives  or  friends  who 
are  able  and  willing  to  maintain  him  without  further  public  charge. 

13 


NEW  YORK 


178 


Transfersof 


of 
thei49terms' 


oMermspiration  w^°  * 


When  a  convict  recovers  who  has  been  retained  in  a  hospital  as 
insane  beyond  the  expiration  of  his  sentence,  the  superintendent 
may  discharge  him,  and  the  convict  is  then  entitled  to  the  sum  of 
ten  dollars,  suitable  clothing  and  a  railroad  ticket  to  his  county. 
Any  convict  whose  term  of  imprisonment  has  expired  and  who  has 
not  recovered  may  be  transferred  to  a  state  hospital  on  the  order  of 
the  commission. 

The  state  hospital  commission  may  order  any  insane  inmate  of  a 
state  hospital  to  be  transferred  to  the  Matteawan  State  Hospital, 
who  has  been  committed  upon  the  order  of  a  court  of  criminal 
jurisdiction;  it  may  also  order  such  transfer  of  any  person  who  has 
previously  been  sentenced  to  a  term  of  imprisonment  in  any  penal 
institution  and  who  still  manifests  criminal  tendencies,  or  any  patient 
who  has  previously  been  an  inmate  of  the  Matteawan  State  Hospital. 

The  Dannemora  State  Hospital  is  for  male  prisoners  only  who 
have  been  confined  in  state  prisons,  reformatories  or  penitentiaries 
for  a  felony. 

When  the  physician  of  any  one  of  the  above  mentioned  penal 
institutions  certifies  to  the  warden  that  a  male  prisoner  is  insane, 
the  warden  must  have  him  transferred  to  the  Dannemora  State 
Hospital,  to  be  retained  there  until  legally  discharged. 

When  a  convict  in  the  Dannemora  State  Hospital,  whose  term 
has  expired,  continues  insane,  the  medical  superintendent  must 
apply  to  the  judge  of  a  court  of  record  for  the  examination  of  the 
convicl  by  two  physicians  qualified  as  medical  examiners  in  lunacy, 
other  than  the  physician  of  the  hospital.  If  the  examiners  ap- 
pointed by  the  court  are  satisfied  that  the  convict  is  insane,  they 
must  certify  to  the  fact  in  the  manner  prescribed  for  the  commit- 
ment of  insane  to  state  hospitals.  The  judge,  if  satisfied  that  the 
convict  continues  insane,  must  order  the  superintendent  to  retain 
him  until  discharged  as  provided  by  law. 

A  convict  whose  sentence  has  expired  and  who  is  still  insane,  but 
reasonably  safe  to  be  at  large  may  be  discharged  to  relatives 
or  friends  able  and  willing  comfortably  to  maintain  him  without 
further  public  expense;  and  such  convict  may  be  given  the  whole 
or  a  portion  of  the  allowances  granted  to  recovered  convicts. 

When  a  convict  recovers  who  has  been  retained  beyond  the  ex- 
piration of  his  sentence  because  of  insanity,  he*may  be  discharged 
and  is  then  entitled  to  ten  dollars,  suitable  clothing  and  transpor- 
tation to  the  county  of  his  conviction  or  other  place  he  may  desig- 
nate at  no  greater  distance. 

Any  unrecovered  convict  in  the  hospital  whose  term  of  imprison- 
ment has  expired  may  be  transferred  to  any  institution  for  the 
insane  upon  an  order  of  the  state  hospital  commission. 


179  NEW  YORK 

Strict  rules  are  established  to  prevent  unauthorized  communica- 
tion  with  or  by  convict  patients,  but  letters  written  by  the  latter 
to  the  county  judge  or  district  attorney  of  the  county  from  which 
they  were  sentenced  must  be  forwarded  after  examination  by  the 
medical  superintendent. 


180 


NORTH   CAROLINA 

Authorities: 

Pell's  Revisal  of  the  Laws  of  North  Carolina,  1908 
Session  Laws,  1915,  1917 

i.  ADMINISTRATION   AND    SUPERVISION 

dmrirtes public      a*  General.     The  board  of  public  charities  is  composed  of  five 
P  3^13  members,  recommended  by  the  governor  and  elected  by  the  concur- 

3914.  rent  vote  of  the  general  assembly  for  terms  of  six  years.     The  board 

must  investigate  and  supervise  the  whole  system  of  charitable  and 
3918.  penal  institutions  of  the  state  and  report  biennially  to  the  general 

39I9>  assembly.     When  the  board  believes  that  any  curable  insane  person 

is  not  properly  cared  for  in  an  almshouse  or  other  place,  whether  he 
is  a  public  charge  or  not,  it  must  have  him  removed  to  a  state  hospital 
3920.  for  the  insane.     The  board  may  at  any  time  request  reports  from  the 

4600.  superintendents  or  other  officers  of  charitable  institutions  and  any 

desired  statistics.  Private  hospitals  for  the  care  of  the  insane  must 
be  licensed  by  the  board  and  are  subject  to  its  inspection  and  super- 
vision. 

The  board  of  internal  improvements  consists  of  the  governor  and 
two  others  appointed  by  him.  They  have  the  duty  of  investigation 
of  public  institutions. 

directors  ^ne  s^a^e  hospitals  for  the  insane  are  under  the  management  of  a 

chTso°f  I9I7>  general  board  of  directors  consisting  of  nine  members,  no  two  of 
whom  may  be  residents  of  the  same  county,  appointed  by  the  gov- 
ernor for  terms  of  six  years.     They  receive  four  dollars  a  day  and 
P'«67  expenses  while  engaged  in  official  duties.     The  board  directs  and 

manages  the  affairs  of  the  three  hospitals,  appoints  the  superintend- 
ents and  fixes  the  salaries  of  all  officers  and  employees.  A  meeting 
must  be  held  at  each  institution  at  least  once  each  year  and  at  such 
other  times  as  necessary.  Biennial  reports  must  be  made  to  the 
legislature. 

committee5  ^  co-operative  purchasing  committee,  called  "the  committee," 
IpI7>  consisting  of  the  superintendents  of  six  of  the  larger  state  institu- 
tions and  including  the  three  state  hospitals  for  the  insane,  meets  at 
least  four  times  a  year,  three  members  constituting  a  quorum,  to 
make  such  rules  and  regulations  as  it  deems  necessary  for  the 
economical  purchase  of  supplies  for  the  state  institutions  repre- 
sented. Other  state  institutions  not  represented  on  the  committee 
must  report  to  it  regarding  all  supplies  purchased  by  them,  and  may 
request  the  committee  to  purchase  their  supplies.  The  committee 
reports  quarterly  to  the  governor  and  publishes  an  annual  report. 


181  NORTH  CAROLINA 

b.  Institutional.     Three  members  of  the  general  board  of  directors  SjJjSJjj^M 
are  appointed  from  the  Morganton  hospital  district,  three  from  the  ^*w*  oof   w> 
Raleigh  hospital  district,  and  three  from  the  state  at  large.     The 
members  from  each  district  constitute  the  executive  committee  for 
the  hospital  of  the  district,  and  the  three  members  appointed  from 
the  state  at  large  are  the  executive  committee  for  the  hospital  for 
the  insane  at  Goldsboro.     The  superintendent  must  be  a  skilled  Superintendent, 
physician  of  good  moral  character,  and  holds  office  for  six  years,    4561. 
subject  to  removal  by  the  board  for  cause.     The  superintendent  has    4562. 
exclusive  control  of  the  subordinate  officers  and  employees  he  ap-    4564. 
points  and  may  remove  them  for  cause. 

The  state  hospital  for  the  dangerous  insane  is  under  the  manage- 
ment of  the  board  of  directors  of  the  state  prison. 

2.  CARE 

a.  In  state  institutions. 

State  Hospital,  Raleigh;  established  1856;  1,000  beds. 

State  Hospital  for  the  Insane,  Morganton;  established  1880;  1,360 

beds. 
State  Hospital  at  Goldsboro,  Goldsboro;  established  1880;  860  beds 

(for  negro  patients). 

State  Hospital  for  Dangerous  Insane,  Raleigh;  established  1898;  70 
beds. 

b.  In  local  institutions.     Any  county,  city  or  town  may  establish    46oi- 
a  hospital  for  the  care  of  insane  persons  who  can  not  be  admitted  to 

a  state  hospital.  Otherwise  such  insane,  when  chargeable  upon  the 
county,  may  be  provided  for  in  the  county  homes  which  are  under 
the  control  of  the  board  of  commissioners  of  each  county. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons,  except  idiots,  who    4573. 
are  citizens  and  residents  of  the  state  are  entitle  to  admission  to  the 
state  hospitals ;  but  admission  may  be  refused  persons  who  recently 
have  been  exposed  to  contagious  or  infectious  disease. 

b.  Legal  procedure  in  commitment.     Some  respectable  citizen,  Affidavit, 
residing  in  the  county  of  the  alleged  insane  persons  must  file  an 
affidavit  with  a  clerk  of  the  superior  court  of  the  county  that  the 
person  in  question  is  a  fit  subject  for  admission  to  a  state  hospital.    4577. 
The  clerk  may  then  have  the  alleged  insane  person  brought  before 

him  or  go  to  his  residence,  and  examine  into  the  condition  of  his 
mind,  with  the  assistance  of  the  county  physician  and  the  advice 
of  other  reputable  physicians.     He  must  take  the  testimony  of  at 
least  one  recognized  physician,  resident  of  the  state,  and  if  possible,  Hearing, 
of  a  member  of  his  family  or  friend.     If  the  clerk  decides  that  such 


NORTH  CAROLINA 


182 


4583. 


Alien  insane 
how  dealt 
with. 
4585. 


Indigent 
patients  to 
have  priority. 
4573- 


Committed 
inebriates 
found  insane. 
4607. 


person  is  insane,  and  some  friend  will  not  give  bond  guaranteeing 
his  good  behavior  and  to  keep  and  support  him  until  the  cause  for 
confinement  ceases,  the  clerk  must  order  his  removal  to  the  proper 
hospital,  and  submit  to  the  board  of  directors  the  examination  of  the 
witnesses.  In  an  emergency,  the  examination  may  be  made  by  a 
justice  of  the  peace,  who  is  required  to  report  to  the  clerk  of  the 
superior  court.  But  the  order  for  commitment  must  be  issued  by 
the  clerk.  In  cases  of  great  emergency,  a  justice  may  admit  a 
patient  to  a  hospital,  but  must  procure  an  order  from  the  clerk  to  the 
superintendent  within  thirty  days.  Whenever  any  citizen  or 
resident  of  the  state  becomes  suddenly  or  violently  insane  in  some 
county  other  than  that  of  his  settlement,  the  proper  authorities  of 
any  county  in  which  he  is  have  authority  to  examine  him,  and  to 
commit  him  to  the  hospital  to  which  he  would  be  sent  had  he  been 
committed  from  the  county  of  his  own  settlement.  Transcripts  of 
the  proceedings  in  such  cases  must  be  sent  to  the  clerk  o*f  the  county 
in  which  he  is  settled,  in  order  that  all  the  costs  of  examination  and 
commitment  may  be  borne  by  the  proper  county. 

If  a  citizen  or  resident  of  another  state  is  found  to  be  insane,  the 
clerk  of  the  superior  court  must  notify  the  governor  of  the  state  in 
which  the  insane  person  is  a  citizen;  and,  for  a  reasonable  length  of 
time,  the  insane  person  must  be  kept  in  restraint,  but  must  not  be 
committed  to  any  state  hospital.  If  no  provision  is  made  by  his 
own  state  for  removal  within  a  reasonable  time,  the  county  com- 
missioners of  the  county  in  which  he  was  found  insane  must  send 
him  to  the  state  in  which  he  is  a  citizen,  and  deliver  him  to  the 
proper  authorities.  No  person  who  has  moved  into  the  state  while 
insane  may  be  deemed  a  resident.  Knowingly  to  commit  a  non- 
resident to  a  hospital  for  the  insane  is  a  misdemeanor. 

When  an  alien  is  ascertained  to  be  insane,  the  clerk  of  the  superior 
court  must  immediately  notify  the  governor  of  his  state  of  all  the 
facts  and  transmit  a  copy  of  the  examination  taken.  This  informa- 
tion and  examination  must  thereupon  be  transmitted  to  the  federal 
authorities  with  a  request  for  the  deportation  of  the  insane  person. 

In  the  admission  of  patients  to  any  state  hospital,  priority  must 
be  given  to  the  indigent  insane,  with  due  regard  to  the  curability  of 
patients,  and  the  exigencies  of  particular  cases.  It  is  permissible, 
however,  to  admit  other  than  indigent  patients  if  there  be  sufficient 
room. 

Inebriates  of  both  sexes  may  be  admitted  to  hospitals  for  the  in- 
sane, but  not  without  pay;  and  not  more  than  twelve  of  each  sex. 
Inebriates  are  committed  in  the  same  manner  as  the  insane,  except 
that  the  admission  of  every  inebriate  is  for  a  specified  time,  not 
exceeding  twelve  months  and  not  less  than  three  months.  If  any 


183  NORTH  CAROLINA 

inebriate  while  under  treatment  at  a  hospital  is  found  to  be  in- 
sane, he  must  be  detained  and -treated  as  any  other  insane  person 
under  order  of  the  board  of  directors,  due  report  having  been  made 
to  the  clerk  of  the  proper  county. 

c.  Voluntary  admission.     Provision  is  made  for  the  voluntary    4593. 
admission  of  patients.     An  application  for  voluntary  admission 
must  be  accompanied  by  the  certificate  of  a  licensed  physician 
stating  that  the  applicant  is  a  fit  subject  for  admission.     No  certif- 
icate of  the  clerk  of  the  superior  court  is  necessary.     A  voluntary 
patient  is  not  entitled  to  a  discharge  until  he  has  given  the  superin- 
tendent ten  days'  notice  of  his  desire  to  be  discharged. 

d.  Appeal  from  commitment.     Every  person  restrained  of  his  Habeas  corpus, 
liberty  is  entitled  to  an  inquiry  as  to  its  lawfulness  and  to  have  the 

same  removed  if  unlawful. 

e.  Cost  of  commitment.     The  cost  of  committing  a  patient  to  a    4555. 
hospital  or  removing  him  must  be  paid  by  himself  if  the  board  of 
county  commissioners  are  satisfied  that  he  has  sufficient  property, 

or  by  any  person  liable  for  his  support  or  maintenance,  or  by  the 
county  in  which  he  has  a  legal  settlement.  If  any  person  is  found  to 
possess  sufficient  property  to  support  those  who  may  be  legally 
dependent  upon  his  estate,  he  may  be  placed  in  any  hospital  without 
the  state  or  in  a  private  hospital,  instead  of  in  a  state  hospital;  it  is 
lawful  to  place  him  in  the  house  he  has  chosen. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  superintendent  of  the  hospital  to  which  a  patient  has  beenLaws  of  1915. 
committed  provides  an  attendant  to  convey  him  and  renders  a  bill 
for  cost  of  transportation  to  the  board  of  commissioners  of  the 
county. 

5.  TRANSFER   OF   PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

Each  superintendent  may,  for  the  space  of  thirty  days  or  until  BJ  e^tendent 
the  next  meeting  of  the  board  of  directors,  discharge  any  patient  P-*^ 
upon  probation  if,  in  his  opinion,  it  will  not  be  dangerous  to  do  so.     A 
report  of  any  such  probation  must  be  made  to  the  board  of  discharge. 

It  is  the  duty  of  the  board  of  county  commissioners,  by  proper  By the.  county 

*  commissioners. 

order,  to  discharge  any  ascertained  insane  person  in  their  county,    4595. 
not  admitted  to  the  appropriate  hospital,  and  not  committed  for 
crime,  when  it  appears  upon  the  certificate  of  two  respectable  physi- 
cians that  such  insane  person  ought  to  be  discharged  if  in  a  hospital. 
If  the  superintendent  of  the  hospital  doubt  the  propriety  of  the    4M6- 
admission  of  patients,  he  may  place  the  matter  before  a  board  con- 
sisting of  any  three  directors  of  the  hospital.     If  such  board  so 


NORTH  CAROLINA  184 

decide,  the  person  in  question  shall  be  received  into  the  hospital, 
but  a  like  board  may  at  any  time  thereafter  discharge  him  to  any 
friend  who  will  become  surety  for  his  conduct,  and  proper  care. 
Any  three  of  the  board  of  directors  of  a  hospital  may,  upon  the 
certification  of  the  superintendent,  discharge  from  the  hospital 
any  person  admitted  as  insane,  when  he  is  found  to  be  sane,  or  has 
recovered,  or  is  an  incurable  who  can  safely  be  allowed  at  liberty, 
or  the  board  may  release  such  a  person  to  the  county  of  his  settle- 
ment on  probation.  The  board  may  discharge  or  remove  an  insane 
person  upon  other  sufficient  causes. 

7.  COST   OF   MAINTENANCE 

Parties  liable.  Indigent  insane  patients  are  supported  in  hospitals  at  the  ex- 
pense of  the  state.  An  insane  person,  who  is  able  to  pay  expenses, 
is  not  entitled  to  free  admission,  and  the  superintendent  has  no 
power  to  bind  the  state  to  support  him. 

8.  CRIMINAL  INSANE 

Treated  as  All  persons  committing  crime  while  insane,  who  therefore  can  not 

insane.  be  tried  for  their  offense,  are  to  be  treated  as  dangerous  insane. 

When  a  person  confined  as  dangerous  insane  and  against  whom 
indictment  for  crime  is  pending  has  recovered,  it  is  the  duty  of  the 
superintendent  of  the  hospital  to  notify  the  clerk  of  the  county,  who 
shall  take  the  case  to  the  superior  court  of  his  county  for  trial,  and 
the  person  must  not  be  discharged  without  an  order  from  the  court. 
4618.  Persons  accused  of  capital  crimes  and  certain  other  grave  offenses, 

who  escape  indictment  or  who  are  acquitted  on  the  ground  of 
insanity  must  be  committed  to  the  hospital  for  the  dangerous 
insane.  In  the  event  of  their  recovery,  it  is  the  duty  of  the  sheriff 
of  the  county  from  which  they  came  to  take  them  before  the  judge 
of  the  superior  court  of  the  district  to  be  dealt  with  according  to  law. 

Discharge.  No  person  acquitted  of  capital  felony  on  the  ground  of  insanity 

and  committed  to  the  hospital  for  the  dangerous  insane  may  be 
discharged  except  by  authorization  of  the  general  assembly.  A 
person  acquitted  of  crime  of  a  lower  degree  than  a  capital  felony 
must  not  be  discharged  except  upon  an  order  from  the  governor.  In 
other  cases  the  consent  to  the  discharge  of  the  judge  of  the  district  is 
necessary. 

Laws  of  ipn,  When  a  person  who  has  been  confined  in  the  state's  prison  for 
felonious  murder,  and  who  has  been  discharged  at  the  expiration  of 
his  sentence,  or  as  the  result  of  executive  clemency,  thereafter  so 
acts  as  to  justify  the  belief  that  he  is  possessed  of  a  homicidal  mania, 
and  is  duly  adjudged  insane,  the  clerk  of  the  superior  court  or  other 
officer  having  jurisdiction  of  the  proceedings  may,  in  his  discretion, 


185  NORTH  CAROLINA 

commit  him  to  the  state  hospital  for  the  dangerous  insane,  or  to  one 
of  the  other  state  hospitals  for  the  insane. 

A  convict  in  the  state  prison  becoming  insane  must  be  admitted 
to  the  hospital  for  dangerous  insane.  If  still  insane  at  the  expira- 
tion of  his  sentence,  he  must  be  held  until  he  becomes  sane  or  is 
considered  harmless  and  incurable. 


186 
NORTH  DAKOTA 

Authorities: 

Compiled  Laws  of  North  Dakota,  1913 
Laws  of  North  Dakota,  1915,  1917,  1918 

i.  ADMINISTRATION   AND   SUPERVISION 

Board  of  con-       a    General.    The  board  of  control  of  state  institutions  consists  of 


three  members  appointed  by  the  governor,  with  the  consent  of  the 
senate  for  terms  of  six  years.  The  chairman  of  the  board  is  desig- 
nated by  the  governor  for  each  biennial  period.  The  members 
receive  a  salary  of  $3,000  per  annum  and  expenses,  and  are  subject 
to  removal  by  the  governor. 

The  board  is  charged  with  the  management  of  the  charitable  and 
correctional  institutions  of  the  state,  and  with  the  investigation  of 
the  methods  of  caring  for  the  insane,  delinquent,  and  criminal 
classes. 

C°243!ledLaws'  The  board  of  control  manages  and  controls  the  state  hospital  for 
the  insane,  and  makes  all  by-laws  and  regulations  necessary  for  its 
government. 

o^insaiSy.™6"  The  commissioners  of  insanity  (see  3b.)  in  each  organized  county 
are  responsible  for  the  safe-keeping  of  the  insane  in  their  respective 
counties. 

supermtendent.  b  Institutional.  The  superintendent  of  the  hospital  is  appointed 
by  the  board  of  control.  He  must  be  a  physician  of  acknowledged 
skill  and  ability,  a  graduate  of  a  reputable  medical  college;  and 
must  give  a  bond  to  the  state  for  $10,000,  conditioned  for  the  faith- 
ful discharge  of  the  duties  of  his  office,  to  be  approved  by  the  board. 
In  addition  to  having  the  entire  control  of  the  medical,  moral  and 
dietetic  treatment  of  the  patients,  he  appoints  all  employees  and 
assistants  necessary  for  the  institution  except  the  steward  and 
matron,  who  are  appointed  by  the  board  of  control,  and  may  dis- 
charge any  of  these  employees  at  will  and  suspend  any  resident 
officer  of  the  hospital,  except  the  steward,  being  responsible  to  the 
board  for  the  proper  exercise  of  this  power. 

2.  CARE 

a.  In  state  institutions. 

North  Dakota  State  Hospital  for  the  Insane,  Jamestown;  estab- 
lished, 1883;  beds,  750. 

b.  In  local  institutions.    The  county  commissioners,  who  are  the 
overseers  of  the  poor,  must  provide  for  the  indigent  insane  of  their 
respective  counties  who  can  not  be  received  at  the  state  hospital, 
and  may  care  for  them  in  the  county  asylum  when  one  has  been 
established. 


187  NORTH  DAKOTA 

3.  COMMITMENT 

a.  Persons  committed.    All  resident  insane  of  the  state  who  are    fw. 
not  idiots  are  entitled  to  receive  care  and  treatment  at  the  state 
hospital.    Residents  of  other  states  may  be  admitted  to  the  hospital     '761- 
upon  payment  of  the  cost  of  board  and  treatment,  but  not  to  exclu- 
sion of  resident  insane. 

b.  Legal  procedure  in  commitment.     In  each  organized  county  commssioneis 
there  is  a  board,  consisting  of  three  persons,  known  as  "commis-    Z547. 
sioners  of  insanity."    The  county  judge  is  a  member  of  the  board 

and  its  chairman.  The  other  two  members  are  appointed  by  the 
board  of  county  commissioners,  one  of  whom  must  be  a  reputable 
practicing  physician  and  the  other  a  reputable  practicing  attorney, 
the  term  of  appointment  being  for  two  years.  In  case  of  the  tem- 
porary absence  of  the  commissioners  or  their  inability  to  act,  the 
county  judge  calls  to  his  aid  a  reputable  practicing  physician  or 
attorney.  The  commissioners  have  cognizance  of  all  applications  2S4p. 
for  admission  to  the  hospital.  They  have  power  to  issue  subpoenas 
and  to  administer  oaths. 

Applications  for  admission  to  the  hospital  must  be  made  in 
ing,  verified  by  affidavit,  alleging  that  the  person  in  whose  behalf 
the  application  is  made  is  believed  to  be  insane  and  needs  custody 
and  treatment  in  the  hospital  for  the  insane.  The  commissioners 
must  at  once  investigate  the  grounds  for  the  application  and  may 
require  the  person  for  whom  admission  is  sought  to  be  brought 
before  them  for  examination.  Any  citizen  of  the  county  or  any 
relative  of  the  person  alleged  to  be  insane  may  appear  and  resist 
the  application,  and  the  parties  may  appear  by  counsel.  The  com- 
missioners, whether  they  decide  to  dispense  with  the  presence  of 
the  person  alleged  to  be  insane  or  not,  must  appoint  some  regular 
practicing  physician  of  the  county,  who  may  be  of  their  own  number, 
to  make  a  personal  examination  of  him.  The  physician  appointed 
must  certify  that  he  has  made  a  careful  personal  examination,  and 
that  he  finds  the  person  insane  or  not  insane.  In  connection  with 
the  examination,  the  physician  must  endeavor  to  obtain  from  the 
relatives  of  the  person,  or  from  others,  correct  answers  to  the  inter- 
rogatories required  by  the  law.  If  the  commissioners  find  the 
person  insane  and  a  proper  subject  for  treatment  at  the  hospital, 
they  must  authorize  the  superintendent  to  receive  him. 

If  it  becomes  necessary,  for  want  of  room  or  other  cause,  to 
criminate  in  the  reception  of  patients  into  the  hospital,  a  selection  w^ 
must  be  made  as  follows:  (1)  cases  of  less  than  one  year's  duration; 
(2)  chronic  cases  of  more  than  one  year's  duration  presenting  the 
most  favorable  prospects  for  recovery;  (3)  those  for  whom  applica- 


NORTH  DAKOTA 


188 


When  accom- 
modations of 
hospital  are 
insufficient. 
2554. 


Insane  persons 
cared  for  by 
county. 
2568. 


Insane  not  to 
be  restrained 
of  liberty 
except  by 

authorities. 
2557- 

Non-resident 
insane. 
2561. 


Proceedings 
for  release. 
2562. 


tion  has  been  longest  on  file;  (4)  when  cases  are  equally  meritorious 
in  all  other  respects,  the  indigent  are  to  be  preferred. 

When  persons  found  to  be  insane  can  not  at  once  be  admitted  to 
the  hospital  nor  safely  be  allowed  at  liberty,  the  commissioners  must 
require  them  to  be  suitably  provided  for  otherwise  until  admission 
can  be  had,  or  until  the  occasion  therefor  no  longer  exists.  If  such 
a  person  is  to  be  cared  for  without  public  charge,  the  commissioners 
must  appoint  a  special  custodian  for  hjm.  In  the  case  of  public 
patients,  the  commissioners  must  require  that  they  be  cared  for  by 
the  overseers  of  the  poor.  If  there  is  no  poorhouse  for  their  recep- 
tion, or  no  more  suitable  place  can  be  found,  they  may  be  confined 
in  the  county  jail;  or  the  commissioners,  in  their  discretion,  may 
require  them  to  be  taken  to  a  hospital  of  any  state  that  may  be 
designated  by  the  governor,  who  is  authorized  to  make  the  best 
terms  he  can  for  the  admission  of  such  patients. 

On  application  to  the  commissioners  on  behalf  of  persons  alleged 
to  be  insane  and  whose  admission  to  the  hospital  is  not  sought, 
asking  that  provision  be  made  for  their  care  as  insane,  either  as 
public  or  private  charges,  within  the  county,  the  commissioners,  on 
proof  of  their  insanity,  may  provide  for  them  as  in  other  cases. 

Insane  persons  who  have  been  under  care,  outside  of  the  hospital, 
may  on  application  be  transferred  to  the  state  hospital  whenever 
they  can  be  admitted  thereto,  on  the  warrant  of  the  commissioners. 
Such  admission  may  be  had  within  six  months  without  another 
inquest,  unless  the  commissioners  deem  a  further  inquest  advisable. 

No  person  supposed  to  be  insane  may  be  restrained  of  his  liberty 
by  any  other  person  except  by  authority  obtained  as  herein  required, 
save  to  such  extent  and  for  such  brief  period  as  may  be  necessary 
for  the  safety  of  persons  until  proper  authority  can  be  had. 

Any  person  found  by  the  commissioners  of  insanity  to  be  insane 
who  has  no  legal  residence  within  this  state  must  be  sent,  at  the 
expense  of  the  state,  to  the  place  where  he  belongs  when  it  can  be 
ascertained . 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.    On  a  statement  in  writing,  verified 
by  affidavit  to  the  county  judge  of  the  county  in  which  the  hospital 
is  situated  or  of  the  county  in  which  any  person  confined  in  the 
hospital  has  his  residence,  alleging  that  a  person  is  not  insane  and 
is  unjustly  deprived  of  his  liberty,  the  judge  must  appoint  a  com- 
mission of  not  more  than  three  persons  to  inquire  into  the  merits  of 
the  case,  one  of  whom  must  be  a  physician;  and  if  two  or  more  are 
appointed,  one  must  be  an  attorney.     Their  report  to  the  county 
judge  must  be  signed  by  the  superintendent.     Before  finding  the 
person  sane,  the  judge  must  notify  the  nearest  relative  or  friend  and 


189  NORTH  DAKOTA 

all  who  testified  at  the  hearing  at  which*the  person  was  found  insane, 
to  appear  before  him  within  five  days  and  give  testimony.  If,  on 
their  report,  the  county  judge  finds  the  person  sane,  he  must  order 
his  discharge;  if  not,  he  must  authorize  his  continued  detention. 
The  commission  so  provided  for  may  not  be  repeated  oftener  than  2s63. 
once  in  six  months  for  the  same  person,  and  no  commission  may  be 
appointed  in  the  case  of  any  patient  within  six  months  of  the  time 
of  his  admission. 

All  persons  confined  as  insane  are  entitled  to  the  benefit  of  the  H*^*s  corpus- 
writ  of  habeas  corpus.    If  the  judge  decides  that  a  person  is  insane, 
this  is  no  bar  to  the  issuance  of  the  writ  a  second  time  whenever  it 
is  alleged  that  he  has  been  restored  to  reason. 

e.  Cost  of  commitment.    The  expense  of  committing  an  insane  £atlby  the 
person  to  the  hospital,  including  the  fees  to  the  commissioners  of    2s6s- 
insanity,  the  judge  and  the  examining  physician,  is  paid  out  of  the 
county  treasury;  but  the  fee  and  expenses  of  the  sheriff  for  conveying 
a  patient  to  the  hospital,  or  to  the  authorities  of  another  state,  are 
paid  out  of  the  state  treasury. 

4.  CONVEYING   PATIENTS   TO   THE   HOSPITAL 

A  state  transportation  agent  or  his  deputy  has  the  duty  of  con-  Jgentsp°rtation 
veying  insane  persons  to  the  hospital.    A  female  taken  to  the  hos-  ch.^s! I9'5' 
pital  must  be  attended  by  some  other  female  or  some  relative.    The 
superintendent,  in   his   acknowledgment  of   delivery,  must   state 
whether  there  was  any  such  person  in  attendance.    If  any  relative 
or  intimate  friend  of  the  patient,  who  is  a  suitable  person,  requests 
it,  he  has  the  privilege  of  executing  the  commissioners'  warrant  in 
preference  to  the  sheriff  or  any  other  person. 

5.  TRANSFER   OF  PATIENTS 
6.  PAROLE  AND   DISCHARGE   OF  PATIENTS 

No  patient  who  is  under  charge  or  conviction  of  homicide  may  be 
discharged  without  order-  of  the  board  of  control. 

Any  patient  who  is  cured  must  immediately  be  discharged  by  the  Di^£rge> 
superintendent  and  be  furnished  with  suitable  clothing  and  a  sum 
of  .money  not  exceeding  $20,  which  shall  be  charged  to  the  expenses 
of  the  patient  in  the  hospital.    The  relatives  of  any  patient  not  sus- 
ceptible of  cure  and  not  dangerous  to  be  at  large  have  the  right  to  £^yrge  to 
remove  him  with  the  consent  of  the  board  of  control.    On  applica-    I767- 
tion  of  the  relatives  or  immediate  friends  of  any  patient  in  the  hos- 
pital who  is  not  cured  and  who  can  not  safely  be  allowed  to  go  at 
liberty,  the  commissioners  of  insanity  of  the  county  where  such 
patient  belongs  may  authorize  his  discharge  and  provide  for  his 
care  within  the  county.     When  a  patient  is  discharged  from  the    1768- 


NORTH  DAKOTA 


190 


Penalties 

against 

counties. 


Charged 

against 

counties. 

2568. 

2569. 


Adjustments. 
2571. 


2576. 


Appeal. 
2577. 


County  may 
collect  from 
estate  of 
patient. 
2579. 


hospital,  without  application,  notice  must  at  once  be  sent  to  the 
commissioners  of  insanity  of  the  county  where  he  belongs,  who 
must  have  him  removed  and  cared  for  in  the  county,  as  in  other 
cases,  unless  the  patient  is  discharged  as  cured.  And  if  the  com- 
missioners of  insanity  of  such  county  neglect  to  remove  such  patient 
within  thirty  days  from  the  date  of  the  order  of  discharge,  the 
county  is  liable  to  the  state  for  the  sum  of  $2  per  day  for  the  care 
and  keeping  of  the  patient  at  the  hospital.  The  superintendent  of 
the  hospital  must  report  annually  all  such  delinquencies  and  the 
time  of  any  patient  kept  beyond  the  period  of  thirty  days  to  the 
governor.  The  amount  thus  reported  is  charged  to  each  county 
named  and  made  a  part  of  the  tax  levied  against  the  county. 

7.  COST   OF   MAINTENANCE 

The  expense  for  the  care,  board,  and  treatment  of  all  patients  in 
the  state  hospital  is  a  charge  upon  each  county  sending  them. 

The  superintendent  must  furnish  the  county  auditor  of  each 
county  having  patients  in  the  state  hospital  a  quarterly  statement 
giving  the  number  of  patients  belonging  to  the  county,  the  name 
of  each  patient,  and  the  cost  of  his  maintenance. 

When  notified  that  a  patient  sent  from  one  county  has  a  legal 
residence  in  another,  the  superintendent  must  hold  and  keep  him 
at  the  expense  of  the  latter  county,  including  expense  already  in- 
curred and  unadjusted. 

Expense  incurred  by  one  county  on  account  of  insane  persons 
whose  legal  residence  is  in  another  county  must  be  refunded  by  the 
county  of  residence. 

When  the  county  commissioners  of  a  county  make  claim  that  a 
patient  is  not  a  proper  charge  against  their  county,  and  so  notify 
the  state  auditor,  stating  that  he  is  a  charge  against  some  other 
county,  or  against  the  state  at  large,  the  state  auditor  must  notify 
the  county  auditors  of  each  of  the  counties  in  question  to  file  proofs 
within  thirty  days,  and  after  investigation  of  the  residence  of  the 
patient  determines  the  matter.  The  superintendent  of  the  hospital 
must  thereafter  treat  the  patient  as  from  the  county  determined  by 
the  state  auditor,  and  if  he  finds  that  the  patient  is  not  a  proper 
charge  against  any  county  in  the  state,  he  must  be  regarded  as  a 
charge  against  the  state  at  large.  Any  county  may  appeal  from  the 
determination  of  the  state  auditor  to  the  district  court  of  the  county. 

The  expense  incurred  by  any  county  for  the  maintenance  of  a 
patient  at  the  state  hospital  is  a  charge  against  his  estate;  provided, 
that  he  has  no  heirs  within  the  United  States  dependent  on  the 
estate  for  support;  and  provided,  that  no  real  property  may  be  sold 
during  the  life  of  the  insane  person  nor  any  personal  property  under 


191  NORTH  DAKOTA 

five  years  from  the  date  of  sending  the  patient  to  the  hospital,  unless 
by  order  of  the  proper  court  when  the  property  is  liable  to  deteriorate 
in  value.  When  it  is  sold,  the  county  court  must  order  the  proceeds 
to  be  safely  invested  for  the  benefit  of  the  insane  person. 

The  board  of  control  fixes  the  amount  to  be  paid  for  the  care  and  J^tiSnt 
treatment  of  patients.    The  sum  may  not  exceed  twenty-four  dollars  Laws  of  I»l8- 
a  month  for  residents  of  the  state.     Non-residents  are  required  to 
pay  the  actual  cost. 

8.  CRIMINAL  INSANE 

If  a  jury  finds  that  the  defendant  in  a  criminal  case  is  insane,  the  ^-^°ns  under 
trial  or  judgment  must  be  suspende.d  until  he  becomes  sane,  and  Co™pg|d  taws- 
the  court  must,  in  the  meantime,  order  him  committed  to  the  state 
hospital  for  the  insane  by  the  sheriff  and  re-delivered  to  the  sheriff 
upon  becoming  sane,  to  stand  trial  or  judgment  or  be  discharged. 

When  a  jury  returns  a  verdict  acquitting  a  defendant  upon 


grounds  of  insanity,  the  court  may,  if  the  defendant  is  in  custody  cri™®-0 
and  it  deems  his  discharge  dangerous  to  the  public  safety,  order  him 
to  be  committed  to  the  state  hospital  for  the  insane  or  to  the  care 
of  such  person  or  persons  as  the  court  may  direct,  until  he  becomes 
sane. 

When  any  person,  becomes  insane  during  confinement,  in  the  ^jJUJ^g 
penitentiary  or  reform  school,  the  governor  must  make  inquiry,  and    II2!>6- 
if  he  determines  that  the  person  is  insane,  he  must  order  him  con- 
fined and  treated  in  the  state  hospital  for  the  insane,  and  upon  his 
recovery,  if  before  the  expiration  of  the  term  for  which  he  is  com- 
mitted, returned  to  the  penal  institution  from  which  he  was  taken. 

The  superintendent  of  the  hospital  must  notify  the  warden  or 
superintendent  of  the  recovery  of  a  person  transferred  as  provided, 
and  the  warden  or  superintendent  must,  if  the  term  of  sentence  of 
the  person  has  not  expired,  return  him  to  the  proper  custody.  If 
the  term  of  imprisonment  has  expired  at  the  time  of  recovery,  the 
warden  or  superintendent  may  direct  that  he  be  released  from  further 
custody  by  the  superintendent  of  the  hospital. 


192 


Board  of 
charities. 
P.  &A. 
1349- 


1353- 
1354- 
1815-3. 

1358. 

ommittee 
si  tors. 
1828. 

1829. 


OHIO 

Authorities: 

Page  and  Adams  Annotated  Code  of  Ohio,  1912 
Supplements,  1913-15 
Laws  of  Ohio,  1917 

i.  ADMINISTRATION   AND    SUPERVISION 

a.  General.  The  board  of  state  charities  is  composed  of  seven 
members,  six  of  whom  are  appointed  by  the  governor  for  terms  of 
three  years.  The  governor  is  ex-officio  a  member  of  the  board. 
No  more  than  three  of  the  appointed  members  may  belong  to  the 
same  political  party.  The  board  must  investigate  the  condition 
and  management  of  all  public  benevolent  and  correctional  institu- 
tions, both  state  and  local.  Officers  in  charge  of  such  institutions 
must  furnish  the  board  the  information  it  requires.  The  board  may 
prescribe  forms  of  reports  and  of  registration.  All  plans  for  new 
state,  county  and  city  institutions  must  be  submitted  to  the  board 
for  its  approval.  The  governor  may  order  the  board  to  investigate 
the  management  of  any  institution.  The  board  has  an  agent  whose 
duty  it  is  to  investigate  the  financial  condition  of  the  inmates  of  the 
institutions  and  of  the  relatives  liable  for  their  support  and  is  given 
special  powers  to  that  end.  The  board  has  authority  to  take  deposi- 
tions, administer  oaths  and  punish  for  contempt.  The  board  must 
make  a  biennial  report  to  the  governor. 

The  governor  appoints  annually  a  committee  consisting  of  six 
women  to  visit  the  benevolent  and  correctional  institutions  of  the 
state.  The  committee  must  visit  the  institutions  at  least  twice  a 
year  and  make  a  complete  report  of  their  observations  and  conclu- 
sions to  the  board  of  state  charities. 

All  the  state  charitable,  correctional  and  penal  institutions  (includ- 
ing the  state  hospitals  for  the  insane)  are  managed  and  governed 
by  the  board  of  administration.  The  board  is  composed  of  four 
members,  not  more  than  two  of  whom  may  belong  to  the  same  politi- 
cal party,  appointed  by  the  governor  for  terms  of  four  years,  and 
subject  to  removal  by  him  for  cause.  Failure  on  the  part  of  a 
member  to  attend  three  consecutive  meetings  of  the  board  unless 
excused  by  formal  vote  may  be  treated  by  the  governor  as  his 
resignation. 

The  members  must  be  selected  with  regard  to  their  knowledge 
or  experience  concerning  methods  of  care  and  treatment  at  the 
institutions  and  of  business  management.  Each  member  receives  a 
salary  of  $4,000  per  annum  and  must  devote  all  his  time  to  the 
duties  of  his  position.  The  board  appoints  a  fiscal  supervisor- 


193  OHIO 

secretary,  who  receives  a  salary  of  $3,600  a  year,  and  such  other 
employees  as  may  be  necessary,  and  fixes  their  compensation. 
The  board  has  all  power  and  authority  necessary  for  the  exercise  of  l84x- 
the  executive,  administrative  and  fiscal  supervision  of  all  state 
institutions  and  succeeds  in  all  respects  the  former  boards  of  trustees 
and  boards  of  managers;  it  regulates  the  admission  and  discharge 
of  inmates,  as  provided  by  law,  including  nonresident  patients;  it 
divides  the  state  into  hospital  districts  for  the  purpose  of  regulat- 
ing the  admission  of  insane  patients  and  fixes  the  quota  to  which 
each  county  is  entitled. 

The  board  acts  as  a  commission  of  lunacy  with  power  to  ex-  I84i-s. 
amine  into,  with  or  without  expert  assistance,  the  question  of  the 
sanity  or  condition  of  any  person  committed  to  or  confined  in 
any  public  or  private  hospital,  or  restrained  of  his  liberty  by  rea- 
son of  alleged  insanity  at  any  place  within  the  state,  to  order  and 
compel  the  discharge  of  any  such  person  who  shall  not  be  insane, 
and  to  direct  what  disposition  shall  be  made  of  him. 

The   board  keeps  in  its  offices  a  complete  set  of  books  and  ac-    l8«- 
counts  with  each  institution,  showing  the  nature  and  amount  of 
every  expenditure  and  an  account  of  all  appropriations.     Super- 
intendents make  requisition  on  the  board  for  all  supplies,  which 
are  purchased  by  competitive  bidding.     A  record  is  also  kept  of    l86°- 
each  patient  committed  to  the  institutions.     A  member  of  the    l861- 
board  must  visit  each  hospital  at  least  once  a  month  and  report  to 
the  next  meeting  of  the  board.     In  making  necessary  investigations,    l868- 
the  board  is  given  the  powers  of  a  justice  of  the  peace  to  adminis- 
ter oaths,  etc.     The  board  is  required  to  make  an  annual  report  in    l86s- 
detail  to  the  governor. 

b.  Institutional.     Each  state  institution  is  under  the  executive  Supenntend- 
control  of  a  superintendent,  appointed  by  the  board  of  adminis-    l85»- 
tration,  subject  to  the  rules  and  regulations  of  the  state  civil  service 
commission.     The  superintendent,  with  the  approval  x>f  the  board, 
selects  the  employees.     The  board  fixes  all  salaries. 

The  board  must  make  rules  and  regulations  to  insure  a  strictly    l8?I- 
non-partisan  management  and  any  member  of  the  board,  officer  or 
employee  of  any  institution,  may  be  removed  for  exercising  political 
influence  and  for  seeking  the  employment  or  promotion  of  any 
person  at  any  institution. 

The  Longview  Hospital  (a  county  institution,  although  under  state    30°4- 
supervision  and  receiving  a  state  appropriation  for  maintenance)  is 
under  a  board  of  five  directors  all  of  whom  must  be  residents  of    30°5. 
Hamilton  county.     Two  are  appointed  by  the  governor,  one  by  the 
judges  of  the  court  of  common  pleas,  one  by  the  judge  of  the  probate 
court,  and  one  by  the  commissioners  of  Hamilton  county.     Each 

14 


OHIO  194 

of  the  directors  holds  office  for  five  years.  The  powers  and  duties 
of  the  board  are  similar  to  those  of  the  state  board  of  administration 
so  far  as  the  general  government  of  this  institution  is  concerned. 

2.  CARE 

a.  In  state  institutions. 

Columbus  State  Hospital,  Columbus;  established  1835;  1,820  beds. 
Cleveland  State  Hospital,  Cleveland;  established  1855;  1,775  beds. 
Dayton  State  Hospital,  Dayton;  established  1855;  1,279  beds. 
Athens  State  Hospital,  Athens;  established  1864;  1,400  beds. 
Toledo  State  Hospital,  Toledo;  established  1883;  1,810  beds. 
Massillon  State  Hospital,  Massillon;  established  1892;  1,763  beds. 
Lima  State  Hospital  for  the  Criminal  Insane,  Lima;  established 
1906;  1,200  beds. 

«°4.  b.  In   local   institutions.     The  Longview  Hospital,  Cincinnati, 

(established  1821;  1,521  beds)  is  maintained  by  the  state  for  the 
exclusive  benefit  of  residents  of  Hamilton  county;  the  buildings  and 
grounds  are  owned  by  the  county.  Very  few  insane  are  main- 
tained at  the  almshouses  or  infirmaries.  The  Cincinnati  general 
hospital  has  a  psycohpathic  department. 
Detention  Qn  the  request  of  the  probate  judge  the  county  commissioners 

3154.  of  the  county  may  establish  a  detention  hospital  for  alleged  insane 

persons  in  proximity  to  the  probate  court,  under  charge  of  a  reg- 
istered physician  as  superintendent,  to  be  appointed  by  the  pro- 
bate judge.  Other  necessary  assistants  are  appointed  by  the 
superintendent.  In  counties  where  a  municipality  owns  a  hos- 
pital, the  county  commissioners  may  contract  with  it  for  the  tem- 
porary care  of  alleged  insane  persons. 

3.  COMMITMENT 

E*  Persons  committed.  All  insane  persons,  not  feeble-minded  or 
epileptics,  who  are  residents  of  the  state  may  be  admitted  to  the  state 
hospitals  provided  their  insanity  occurred  during  their  residence  in  the 

l8'7.  state.     Non-residents  may  be  received  when  authorized  by  the  board 

of  administration,  if  the  legal  residence  of  the  person  can  not  be  ascer- 
tained or  other  peculiar  circumstances  afford  a  sufficient  reason. 

l8l»-  If  it  is  found  that  the  person  whose  commitment  is  requested  has 

not  a  legal  residence  or  the  residence  is  in  doubt,  and  the  judge  of 
probate  believes  that  the  person  should  be  committed  to  a  hospital, 
he  must  notify  the  board  of  administration  to  investigate  the  matter. 

tients'  The  mecu'cal  superintendent  of  each  state  hospital  must  inform 

19*1-  the  probate  judge  of  the  different  counties  of  the  hospital  district 

of  the  quota  of  patients  to  which  the  county  is  entitled  and  the 
number  in  the  hospital  therefrom.  The  probate  judge  may  at  any 
time  commit  an  acute  case  if  the  quota  is  not  full. 


195  OHIO 

b.  Legal  procedure  in  commitment.     A  resident  citizen  of  the^avit. 
proper  county  must  file  with  the  probate  judge  of  the  county  an 
affidavit  in  prescribed  form  alleging  the  insanity  of  the  person  and 
that  he  is  dangerous  to  the  community  if  allowed  at  large  and  stating 
his  legal  settlement.     Within  five  days  after  the  affidavit  is  filed,    ^54. 
the  probate  judge  must  issue  a  warrant  for  the  apprehension  of  the 
alleged  insane  person,  fix  a  day  for  the  hearing,  and  summon  wit- 
nesses, two  of  whom  must  be  reputable  physicians  of  at  least  five 
years'  practice. 

If  any  person  resists  the  affidavit,  the  judge  must  subpoena  the  Examination, 
persons  demanded  on  behalf  of  the  person  alleged  to  be  insane.     The 
probate  judge  may  examine  the  person  out  of  court  if  it  is  deemed 
inadvisable  to  bring  him  into  the  court,  and  the  proceedings  re- 
quired may  then  be  held  in  his  absence.     After  hearing  all  the    *9S*> 
testimony  and  being  satisfied  that  the  person  is  insane,  the  judge 
must  cause  a  certificate  to  be  made  by  two  medical  witnesses  of  the 
person's  insanity.     The  medical  witnesses  must  have  at  least  five 
years'  experience  in  the  practice  of  medicine  and  not  be  related  by 
blood  or  marriage  to  the  person  alleged  to  be  insane  or  to  the  person 
making  the  application.     The  medical  certificate  must  be  in  theMe(?ical 
form  prescribed  by  the  state  board  of  administration  with  the  advice 
of  the  superintendents  of  the  several  hospitals.     Upon  receiving  the    'oss. 
medical  certificate,  the  probate  judge  must  at  once  apply  to  the  laws  of  *9i7. 
superintendent  of  the  hospital  situated  in  the  district  in  which 
the  patient  resides,  transmitting  at  the  same  time  all  the  papers  in 
the  case  together  with  a  certificate  that  the  person  is  free  from  in- 
fectious   disease.     The    superintendent    must    immediately    state 
whether  the  patient  can  be  admitted.     The  proceedings  for  com- 
mitment to  the  Longview  hospital  of  Hamilton  county  are  of  the 
same  character. 

The  relatives  of  a  person  charged  with  insanity,  or  found  to  be    1o(Jx- 
insane,  may,  with  the  court's  approval,  take  charge  of  him  if  they 
desire  to  do  so.     In  such  a  case,  the  probate  judge  before  whom  the 
inquest  has  been  held  must  deliver  the  insane  person  to  them. 

When  a  person  is  discharged  from  a  hospital  as  cured  and  again    ws. 
becomes  insane,  the  same  proceedings  must  be  had  as  in  the  case  of 
the  original  application  before  he  can  be  again  admitted  to  a  hospital 
for  the  insane. 

c.  Voluntary   admission.     A   person   in   an   incipient   state   of    w*- 
mental  derangement  may  apply  for  admission  to  the  state  hospital 
in  the  district  in  which  he  resides.     The  superintendent  of 
hospital  may  receive  the  applicant  for  not  more  than  sixty  days  if, 
upon  his  own  examination  and  the  statement  of  a  reputable  physician 
familiar  with  his  condition,  he  is  satisfied  that  the  applicant  is  in 


OHIO  196 

1973.  need  of  hospital  treatment  and  will  be  benefited  by  it.     The  appli- 

cant must  be  an  inhabitant  of  the  state  and  must  sign  an  application 
W4-  in  the  form  prescribed  by  the  superintendent.     No  hospital  may 

care  for  more  than  five  voluntary  patients  at  one  time,  nor  may 
voluntary  patients  be  admitted  when  the  quota  for  the  county  is 
full. 

Habeas  corpus,     d.  Appeal  from  commitment.     All  persons  confined  as  insane  are 
entitled  to  the  benefit  of  the  writ  of  habeas  corpus,  and  the  question 
of  insanity  must  be  decided  at  the  hearing.     If  the  judge  finds  the 
person  insane,  the  decision  is  no  bar  to  the  issuing  of  the  writ  a  sec- 
ond time  if  it  is  alleged  that  the  person  has  been  restored  to  reason. 
£>aunbythe          e>  ^ost  °*  comim'tment'     All  expenses  connected  with  inquests 
1981'.  of  insanity,  making  records,  conveying' patients,  etc.,  are  a  charge 

upon  the  county  from  which  the  patient  was  committed. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

sheriff  conveys,  it  is  the  duty  of  the  sheriff  to  convey  patients  to  the  hospitals 
upon  the  order  of  the  probate  judge.  If  the  insane  person  is  a 
female,  a  suitable  female  assistant  must  be  appointed  to  accompany 
the  sheriff  and  the  insane  person  to  the  hospital. 

5.  TRANSFER  OF  PATIENTS 

Bdm?nisbraaon>f  ^  &  hospital  cai*  n<>t  accommodate  the  patients  of  the  district 
'952.  to  which  it  is  attached,  or  if  the  interests  of  a  patient  make  a  transfer 

advisable,  the  board  of  administration  may,  with  the  consent  of  the 
superintendents  interested,  order  the  transfer  of  patients  to  the 
hospital  of  either  of  the  other  districts  which  at  the  time  has  room 
for  such  patients.  Transfers  made  at  the  request  of  relatives  or 
friends  are  at  their  expense,  but  all  other  transfers  are  at  the  expense 
of  the  hospital  from  which  made. 

Requests.  Upon  the  request  of  the  probate  judge  of  any  county,  the  board 

of  administration  may  authorize  the  commitment  of  an  insane  person 
to  a  hospital  located  in  another  hospital  district,  if  the  reasons  set 
forth  in  the  application  warrant  such  action. 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

Paroles.  When  the  superintendent  deems  it  for  the  best  interest  of  a 

patient  who  has  no  homicidal  or  suicidal  propensities,  he  may  permit 
him  to  leave  the  institution  on  a  trial  visit  for  not  more  than  90 
days.  The  patient  may  be  returned  at  any  time  within  this  period 
without  further  legal  proceedings. 

Charges.  With  the  consent  and  advice  of  the  board  of  administration,  the 
superintendent  may  discharge  any  patient  from  the  state  hospital 
when  he  deems  it  proper  and  necessary,  except  patients  of  homicidal 


.     197  OHIO 

or  suicidal  tendencies.     If  the  condition  of  the  patient  justifies  it, 
he  may  be  permitted  to  leave  the  institution  unattended. 

In  case  the  patient  requires  an  escort,  the  superintendent 
notify  the  probate  court  of  the  county  of  which  the  patient  is  an 
inhabitant,  who  must  issue  a  warrant  to  a  suitable  person,  giving 
the  friends  of  patients  the  preference,  for  the  removal  of  the  patient 
to  his  home. 

When  a  patient  is  discharged  as  cured,  the  superintendent  must  ; 
furnish  him  with  suitable  clothing  and  a  sufficient  sum  of  money, 
not  exceeding  $20  for  traveling  expenses. 

If  the  friends  of  a  patient  ask  his  discharge,  the  hospital  superin- 
tendent  may  require  a  bond,  conditioned  for  the  safe-keeping  of  the 
patient.  No  patient  charged  with  or  convicted  of  homicide  may  be 
discharged  without  the  consent  of  the  superintendent  and  board  of 
administration. 

7.  COST  OF  MAINTENANCE 

The  probate  judge  committing  any  person  to  a  hospital  for  the  ££^e*f  ^ 
insane  must  certify  to  the  superintendent  the  name  and  address  of    I8l5-x' 2 
the  guardian  if  any  is  appointed  and  of  relatives  who  are  liable  for 
the  person's  support.     The  maximum  rate  for  the  support  of  in- 
mates is  $3.50  a  week. 

A  husband  is  liable  for  the  support  of  a  wife,  a  wife  for  a  husband,    l8ls-9- 
parents  for  their  children  and  children  for  their  parents. 

Superintendents  of  hospitals  must  submit  to  the  board  of  state  ***££$?* 
charities  the  information  they  may  obtain  in  regard  to  the  financial 
condition  of  any  inmate  or  of  relatives  liable  for  his  support. 

If  the  estate  of  any  inmate  is  sufficient  for  his  support  without  Guwdians. 
hardship  to  any  dependents,  and  no  guardian  has  been  appointed, 
the  agent  of  the  board  of  state  charities  must  petition  the  probate 
court  to  appoint  a  guardian. 

In  cases  of  failure  of  relatives  or  guardian  to  pay  for  the  sup-  JjjJf^JSSu 
port  of  patients,  the  institution  may  pay  such  expenses  and  cer-    I8l6> 
tify  the  account  for  collection  to  the  auditor  of  the  county  from 
which  the  patient  came. 

8.  CRIMINAL  INSANE 

To  the  hospital  for  the  dangerous  and  criminal  insane  are  com- 
mitted:  persons  who  became  insane  while  in  the  state  reformatory 
or  the  penitentiary;  dangerous  insane  persons  in  other  state  hospi- 
tals; persons  accused  of  crime  but  not  indicted  because  of  insanity; 
persons  indicted  but  found  to  be  insane;  persons  acquitted  because 
of  insanity;  persons  adjudged  to  be  insane  who  were  previously 
convicted  of  crime. 


OHIO 


198 


certificates 


Of 


i99sence' 


'996. 


1998. 


When  in  an  inquest  of  lunacy  a  prolate  judge  finds  a  person  insane 
who  has  previously  been  convicted  of  arson,  assault,  rape,  robbery, 
burglary,  homicide  or  attempt  to  commit  such  acts,  he  must  commit 
him  to  the  Lima  state  hospital  (for  the  dangerous  and  criminal 
insane). 

When  the  physician  of  the  penitentiary  or  reformatory  reports  in 
writing  to  the  warden  that  a  convict  is  insane,  the  warden  must  apply 
to  the  probate  court  of  the  county  in  which  the  institution  is  located 
for  an  examination  of  the  convict  by  two  physicians  of  at  least  three 
years'  practice  in  the  state  who  are  not  'connected  with  the  peni- 
tentiary  or  reformatory.  If  satisfied  that  the  convict  is  insane,  the 
physicians  must  certify  this  in  the  form  and  manner  provided  for  the 
commitment  of  insane  persons  to  state  hospitals.  Convicts  thus 
adjudged  insane  must  be  transferred  to  the  Lima  state  hospital. 
An  insane  convict  under  indeterminate  sentence,  who  is  transferred 
to  the  Lima  state  hospital,  must  be  detained  for  the  maximum  term 
of  sentence  provided  by  law  for  the  offense  for  which  he  is  convicted, 
unless  sooner  restored  to  reason.  When  restored  to  reason,  and 
the  superintendent  of  the  hospital  so  certifies,  a  convict  whose  term 
of  sentence  has  not  expired  must  be  transferred  to  the  penitentiary 
or  reformatory  from  which  he  came. 

^  ^ne  msar]ity  of  a  convict  in  a  hospital  continues  at  the  expira- 
^on  °^  his  sentence,  the  superintendent  must  apply  to  the  probate 
judge  of  the  county  within  five  days  after  the  expiration  of  the 
sentence  for  an  order  to  retain  the  convict  until  he  is  restored  to 
reason  and  notify  friends  or  relatives  of  the  application.  The  pro- 
bate judge  must  notify  the  alleged  insane  person  and  call  two  physi- 
cians not  related  by  blood  or  marriage  to  him,  who  have  been  in 
actual  practice  of  their  profession  for  at  least  three  years.  If  the 
judge  finds  satisfactory  proof  of  insanity  has  been  adduced,  he  must 
order  the  retention  of  the  convict  until  restored  to  soundness  of 
mind.  The  form  of  commitment  is  substantially  that  required  for 
the  commitment  of  inmates  to  other  hospitals. 

The  superintendent  may  discharge  patients  not  under  sentence  for 
crime  who  are  recovered,  or  who  are  not  recovered  but  whose  condi- 
tion is  so  far  improved  that,  their  discharge,  will  not  be  detrimental 
to  the  public  welfare  or  to  themselves. 


199 


OKLAHOMA 

Authorities: 

Constitution  of  Oklahoma 
Revised  Laws  of  Oklahoma,  1910 
Supplement  of  1915 
Laws  of  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     A    commissioner    of    charities    and   corrections   is  of0 
elected  in  the  same  manner  and  for  the  same  term  as  the  governor,  constitution. 
This  officer  may  be  of  either  sex,  must  be  at  least  25  years  of  age,    H" 
and  in  all  other  respects  have  the  qualifications  required  of  the 
governor.     His  salary  is  $2,500.     He  must  investigate  the  condi- 
tion and  management  of  all  charitable  and  correctional  institutions 
supported  wholly  or  in  part  by  the  state  or  by  any  county  or  munic- 
ipality.    The  officers  of  such  institutions  are  obliged  to  furnish  all 
information  demanded  by  the  commissioner.     The  commissioner    - 
reports  annually  to  the  governor  and  the  legislature. 

A  state  lunacy  commission,  consisting  of  the  state  commissioner  ^^onf°m" 
of  health,  the  chairman  of  the  state  board  of  public  affairs,  and  the  Supplement  of 
superintendents  of  the  three  state  hospitals,  is  charged  with  the    7°4°b- 
general  supervision  of  the  policy  to  be  pursued  by  each  hospital 
and  with  the  formulation  and  adoption  of  a  permanent  plan  and 
system  for  proper  care  and  treatment  of  the  insane. 

The  state  hospitals  for  the  insane  are  under  the  management  of  affairs  °f  pubUc 
the  state  board  of  public  affairs,  consisting  of  three  members,  not    8°79- 
more  than  two  of  whom  may  belong  to  the  same  political  party, 
appointed  by  the  governor  with  the  consent  of  the  senate  for  a  period 
coterminous  with  his  term  of  office.      ; 

The  board  has  the  general  direction  of  the  affairs  of  the  hospitals,  ^^74! I917> 
appoints. the  medical  superintendents,  assistants  and  physicians, 
and  establishes  by-laws,  rules  and  regulations  for  the  institutions. 

The  board  must  meet  at  the  different  hospitals  at  least  twice  each 
year,  and  at  such  other  times  as  are  prescribed  by  the  "by-laws. 
The  superintendents  and  the  state  commissioner  of  health  must  meet 
with  the  board.  A  committee  must  visit  and  inspect  each  institu- 
tion once  every  three  months  and  the  entire  board  must  visit  and 
inspect  the  institutions  at  least  once  a  year.  Biennial  reports  of  the 
results  of  the  inspections  must  be  made  to  the  governor.  They  must 
be  accompanied  by  the  reports  of  the  superintendents. 

The  county  commissioners  have  supervision  of  the  insane 
are  committed  or  admitted  to  the  county  poorhouses  and  jails. 


OKLAHOMA 


200 


Superintendent, 


5 

5 


s 

III 
o 


o 


b.  Institutional.  The  superintendent  is  the  chief  executive 
officer  of  each  institution.  He  must  be  a  legally  registered  physician, 
experienced  in  the  care  of  the  insane.  He  appoints  his  assistants 
and  attendants,  with  the  approval  of  the  board  of  public  affairs, 
and  may  suspend  officers  until  the  next  meeting  of  the  board.  He 
must  personally  examine  each  patient  after  admission,  and  visit  all 
wards. 

2.  CARE 

a.  In  state  institutions. 

Central  Oklahoma  Hospital  for  the  Insane,  Norman;  established, 
1895;  beds,  1,000. 

Western  Oklahoma  State  Hospital  for  the  Insane,  Supply;  estab- 
lished, 1902;  beds,  700. 

Eastern  Oklahoma  Hospital  for  the  Insane,  Vinita;  established,  1913; 
beds,  650. 

b.  In  local  institutions.     Insane  persons  who  can  not  be  received 
at  the  state  hospitals  or  who  for  other  reasons  are  not  sent  there,  may 
be  cared  for  in  county  poorhouses  or  jails,  under  the  supervision  of 
the  county  commissioners. 

3.  COMMITMENT 

a.  Persons  committed.     Patients  are  divided  into  three  classes, 
public,  private,  and  voluntary.     No  person  who  is  a  resident  of  the 
state  may  be  held  as  a  patient  in  any  hospital  except  upon  a  certif- 
icate of  insanity  and  an  order  of  admission.     Nonresidents  may  be 
admitted  at  private  patients.     The  board  of  public  affairs,  the 
medical  superintendents,  and  the  state  commissioner  of  health  may 
divide  the  state  into  districts.     Patients  may  be  sent  to  the  hospital 
of  the  district  in  which  they  reside. 

b.  Legal  procedure  in  commitment.     Patients  are  not  admitted 
except  upon  certificates  of  insanity  and  orders  of  admission.     The 
certificates  must  be  made  by  two  reputable,  registered,  graduate 
physicians. 

Application  for  an  order  of  admission  may  be  made  to  the  county 
court  or  the  judge  by  the  father,  mother,  husband,  wife,  brother, 
sister,  or  child  of  the  person  alleged  to  be  insane,  or  by  the  sheriff, 
superintendent  of  the  poor,  supervisor  of  any  township  or  any 
peace  officer. 

The  court  must  fix  a  day  for  the  hearing  and  appoint  two  reputa- 
ble physicians  to  examine  the  person.  Notice  must  be  served 
personally  upon  the  person  and  the  relatives  or  persons  with  whom 
he  resides  at  least  twenty-four  hours  before  the  hearing.  Personal 
service  may  be  dispensed  with  upon  the  order  of  the  court,  in  which 


201  OKLAHOMA 

case  a  guardian  ad  litem  is  appointed  by  the  court. .  If  a  jury  is  not  !«*• 
demanded,  the  court  may  determine  the  sanity  or  insanity  of  the 
person.     If  demanded  or  if  deemed  necessary,  a  jury  of  six  free- 
holders must  be  summoned  by  the  court. 

If  found  to  be  insane,  the  court  must  issue  an  order  for  admission  Commitment. 
as  a  public  or  a  private  patient.     No  person  may  be  admitted  under 
any  order  after  the  expiration  of  thirty  days  from  its  date.     Notice 
of  the  order  of  admission  of  a  public  patient  must  be  given  by  the 
judge  to  the  prosecuting  attorney. 

If  two  qualified  physicians  certify  that  it  is  necessary,  patients  JltSK7 
may  be  temporarily  detained  in  the  hospital,  pending  commitment, 
for  not  over  thirty  days,  unless  the  time  is  extended  by  the  court. 

When  patients  can  not  at  once  be  admitted  to  a  state  hospital  ^mhospitai 
and  can  not  with  safety  be  allowed  to  go  at  liberty,  the  county  com- 
missioners  must  require  them  to  be  suitably  provided  for  otherwise  R^se 
until  admission  can  be  had,  or  until  the  occasion  therefor  no  longer  4566> 
exists.  Such  patients  are  considered  as  private  patients  when 
relatives  or  friends  obligate  themselves  to  take  care  and  provide 
for  them  without  public  charge.  In  this  case  the  commissioners 
must  appoint  some  suitable  person  a  special  custodian,  with  author- 
ity and  the  duty  to  restrain,  protect  and  care  for  the  patient.  In  the 
case  of  public  patients,  the  commissioners  must  require  them  to  be 
restrained,  protected  and  cared  for  by  the  commissioners  of  the 
county  or  overseers  of  the  poor,  at  the  expense  of  the  county.  If 
there  is  no  poorhouse  for  their  reception,  of  if  no  more  suitable 
place  can  be  found,  they  may  be  confined  in  the  county  jail  in 
charge  of  the  sheriff.  Or  the  commissioners  may  require  that  such 
patients  be  taken  to  a  hospital  in  any  state  designated  by  the  gov- 
ernor, who  is  authorized  and  empowered  to  make  the  best  terms  he 
can  with  the  authorities  of  any  state  for  the  admission  of  such 
patients. 

On  application  to  the  county  commissioners,  on  behalf  of  persons 
alleged  to  be  insane  and  whose  admission  to  a  state  hospital  is  not 
sought,  asking  that  provision  be  made  for  their  care  as  insane,  either 
public  or  private,  within  the  county  and  on  proof  of  their  insanity 
and  need  of  care,  the  commissioners  may  provide  for  them  as  in  the 
case  of  other  applications.  On  information  that  an  insane  person 
in  the  county  is  suffering  for  want  of  proper  care,  the  commissioners 
must  at  once  inquire  into  the  matter  and  make  all  needful  provision 
for  his  care. 

c.  Voluntary  admission.     After  providing  ample  accommodations  ^m! I9I7> 
for  all  public  and  private  patients  entitled  to  admission,  the  super-    I3> 
intendent  may  receive  and  detain  as  a  boarder  and  patient  any 
resident  of  the  state  who  applies  for  admission,  if  his  mental  con- 


OKLAHOMA 


202 


dition  is  such  as  to  render  him  competent  to  apply  for  admission, 
provided  the  approval  of  the  judge  of  the  county  in  which  the 
person  resides  is  obtained.  A  voluntary  patient  may  not  be  de- 
tained for  more  than  three  days  after  having  given  notice  in  writing 
of  his  intention  or  desire  to  leave.  Persons  afflicted  with  serious 
nervous  disorders  who  are  not  insane  may  be  admitted  in  a  similar 
manner,  if  in  addition  a  certificate  of  two  reputable  physicians  is 
presented. 

**'  APPeal  from  commitment.  On  a  statement  verified  by  affida- 
vit addressed  to  the  county  judge  of  the  county  in  which  the  hospital 
is  situated,  or  of  the  county  in  which  a  person  confined  in  the  hos- 
pital has  his  legal  settlement,  alleging  that  he  is  not  insane,  the 
judge  must  appoint  a  commission  of  not  more  than  three  persons  to 
inquire  into  the  case,  one  of  whom  must  be  a  physician,  and  if  two 
or  more  are  appointed,  one  must  be  an  attorney.  They  must  have 
an  interview  with  the  person  alleged  not  to  be  insane  and  report  to 
the  county  judge.  Their  report  must  be  accompanied  by  a  state- 
ment of  the  case  and  be  signed  by  the  superintendent.  If  the  county 
judge  finds  the  person  not  insane,  he  must  order  his  discharge;  if 
not,  he  must  authorize  his  continued  detention.  The  commission 
may  not  be  repeated  oftener  than  once  in  six  months  for  the  same 
patient,  nor  may  a  commission  be  appointed  in  the  case  of  any 
patient  within  six  months  of  the  time  of  his  admission. 

e.  Cost  of  commitment.  The  expenses  attending  the  commit- 
ment of  an  insane  person,  including  the  compensation  to  officials, 
are  paid  out  of  the  county  treasury,  but  the  allowance  to  the  sheriff 
and  his  expenses  are  a  charge  upon  the  state  treasury. 

4.  CONVEYING  PATIENTS   TO  THE  HOSPITAL 

The  sheriff  of  the  county  may  execute  the  warrant  of  the  court 
directing  the  transportation  of  a  patient  to  the  hospital,  or  the  court 
or  judge  may  appoint  some  other  suitable  person  to  execute  it.  No 
female  patient  may  be  taken  to  the  hospital  without  the  attendance 
of  some  other  female,  or  some  relative.  If  any  relative  or  intimate 
friend  of  the  patient,  who  is  suitable,  requests  it,  he  Jias  the  privi- 
lege of  executing  the  warrant,  in  preference  to  the  sheriff  .or  any 
other  person. 

5.  TRANSFER  OF  PATIENTS 

L!WS  of°?!S,       The  superintendent  of  any  state  eleemosynary  institution  may 

chii.74'  certify  to  the  county  court  the  name  of  any  inmate  who  is  in  his 

opinion  insane.     The  court  must  cause  the  inmate  to  be  examined 

by  two  reputable  physicians   and  hear  witnesses.     If  adjudged 

insane,  the  court  may  issue  an  order  for  the  commitment  of  the 


ch.WiS74f.I9I7> 


203  OKLAHOMA 

inmate  as  a  public  patient.     Upon  restoration,  the  inmate  must 
be  returned  to  the  institution  from  which  he  was  transferred. 

Patients  may  be  transferred  to  the  state  hospital  upon  the  order  g0yveraor. 
of  the  governor,  after  certification  by  the  board  of  public  affairs.  23- 

Expenses  of  all  transfers  are  paid  out  of  the  general  fund,  upon Expenses* 
the  certification  by  the  board  of  public  affairs. 

6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

The  superintendent  may  discharge  recovered*  patients.  Those  Di^harge> 
who  are  not  recovered  may  be  discharged  if  a  notice  is  sent  to  the 
friends  of  the  patient  or  to  the  proper  county  officer;  if  the  patient 
is  not  removed  within  ten  days,  he  must  be  returned  to  his  home, 
friends,  relatives  or  to  the  county  officer.  If  the  superintendent 
refuses  to  discharge  a  patient  upon  request,  the  matter  is  determined 
by  the  court.  A  discharged  patient  may  be  readmitted  under  the 
original  order  within  six  months,  but  thereafter,  he  may  be  read- 
mitted only  upon  a  new  adjudication  of  insanity  and  a  new  order  of 
admission. 

No  patient  may  be  discharged  without  suitable  clothing.     Upon  J£°t£-^nd 
the  order  of  the  superintendent,  clothing  and  money  not  exceeding 
twenty-five  dollars  must  be  furnished  to  each  discharged  patient. 

All  persons  confined  as  insane  are  entitled  to  the  benefit  of  thefeviled<La^sS.' 
writ  of  habeas  corpus,  and  the  question  of  insanity  must  be  decided    457S 
at  a  hearing.     The  medical  history  from  the  books  of  the  hospital 
must  be  given  in  evidence  and  the  superintendent  or  officer  in  charge 
of  the  institution  may  testify  as  to  the  mental  condition  of  the 
person.     If  the  judge  or  court  decides  that  the  person  is  insane,  this 
decision  is  no  bar  to  the  issuance  of  the  writ  a  second  time,  whenever 
it  is  alleged  that  he  has  been  restored  to  reason. 

The  superintendent  may  grant  a  parole  to  a  private  patient  not Lawsof  1917, 
exceeding  thirty  days  at  any  one  time.     The  parole  does  not  affect  chig.74' 
the  validity  of  the  charge  for  the  support  of  the  patient. 

7.  COST  OF  MAINTENANCE 

If  a  bond  for  support  is  given  at  the  time  of  admission,  the  patient  J^Ss. 
is  admitted  as  a  private  patient.     If  the  bond  is  not  supplied  at  the  ^.^74! I$>17' 
time  of  admission,  the  patient  is  admitted  as  a  public  patient  but    "• 
the  county  is  liable  for  the  support  of  the  patient  for  one  year.     If 
no  bond  is  then  supplied  the  patient  becomes  a  public  patient. 

The  state  pays  the  expenses  of  maintaining  all  public  patients. 
The  estate  or  relatives  of  any  public  patient  are  liable  to  the  state 
for  all  expenses  incurred.  The  county  attorney  represents  the 
state  in  all  proceedings  to  reimburse  it  for  expense  of  maintaining 
public  patients. 


OKLAHOMA 


204 


Relatives  liable.  Relatives  who  are  able  may  be  ordered  to  pay  reasonable  sums 
not  exceeding  two  hundred  dollars  a  year  for  the  support  of  inmates. 
Orders  for  payment  may  be  vacated  by  the  court. 

Private  patients  may  be  declared  public  patients  and  public 
patients  may  be  declared  private  patients  upon  the  order  of  the 
court. 

The  rate  of  charge  per  week  to  be  paid  for  the  treatment  of  all 
patients  is  fixed  annually  by  the  joint  boards,  and  may  not  exceed 
the  actual  cost,  including  officers'  salaries.  Extra  attendance  may 
be  furnished  by  special  contract. 

The  rate  of  charge  for  voluntary  patients  is  the  same  as  for  public 
and  private  patients.  Indigent  voluntary  patients  may  be  sup- 
ported by  the  state  upon  approval  by  the  board  of  public  affairs. 

8.  CRIMINAL  INSANE 

R<6osod  Laws'       If  doubt  arises  as  to  the  sanity  of  the  defendant  in  a  criminal 

|£p;  procedure,   a  jury  must  be  summoned  to  try  the  question.     If 

found  insane,  the  defendant  is  committed  to  the  care  of  the  sheriff 

until  he  becomes  sane.     The  expense  is  paid  by  the  county  but  may 

be  collected  from  the  estate  of  the  defendant  or  from  a  relative. 

Insane  convicts  must  be  cared  for  in  the  hospital  and  returned 
to  the  penitentiary  upon  recovery,  unless  their  terms  of  sentence 
have  expired. 


Rate  of 

charge. 

33. 


Voluntary 
patients. 

13- 

25- 


Insane 
convicts. 
7037. 


205 
OREGON 

Authorities: 

Lord's  Oregon  Laws,  1910 
Laws  of  1913,  1917 

i.  ADMINISTRATION  AND   SUPERVISION 

a.  General.     The  state  board  of  control,  consisting  of  the  gov- 
ernor,  secretary  of  state,  and  state  treasurer,  has  general  power 
direction  and  supervision  over  all  state  institutions  including  the 
hospitals  for  the  insane.     It  makes  by-laws,  suspends  or  discharges 
executives  and  subordinates,  fixes  such  salaries  as  are  not  fixed  by 
law,  prescribes  duties  for  executive  heads  where  they  are  not  pre- 
scribed by  law  and  additional  duties  deemed  for  the  good  of  the 
public  service. 

Meetings  of  the  board  are  open  to  the  public  and  their  records 
always  open  to  inspection.  The  board  must  visit  the  state  hospital 
at  Salem  every  three  months  and  the  hospital  at  Pendleton  once  a 
year  and  report  Menially  to  the  legislature.  The  report  must  be 
mailed  to  each  member  of  the  incoming  assembly  at  least  thirty 
days  before  it  convenes. 

The  board  appoints  a  salaried  secretary  who  visits  the  institutions 
at  stated  intervals  or  when  directed  by  the  board  and  among  other 
duties  serves  as  purchasing  agent. 

b.  Institutional.     There  are  no  local  boards  of  trustees.     The 
board  appoints  a  superintendent  for  each  hospital  (salary 

per  annum).  He  appoints  his  assistants;'  he  prescribes  treat- 
ment  and  discipline  subject  to  the  rules  of  the  board.  It  is  provided 
that  the  institution  at  Salem  shall  have  three  assistants,  the  institu- 
tion at  Pendleton  two,  but  the  board  may  authorize  the  employment 
of  other  necessary  physicians.  The  superintendent  may  also  ap- 
point other  officers  and  employees  subject  to  the  approval  of  the 
board.  He  may  suspend  or  remove  subordinates  subject  to  the 
approval  of  the  board. 

2.  CARE 

a.  In  state  institutions. 

Oregon  State  Hospital,  Salem;  established  1883;  1,684  beds. 
Eastern  Oregon  State  Hospital,  Pendleton;  established  1913;  600 
beds. 

b.  In  local  institutions.     The  indigent  insane  who  can  not  be 
admitted  to  or  kept  at  the  state  hospitals  are  under  the  supervision 
of  the  county  courts,  which  have  the  exclusive  superintendence  of 
the  poor  in  their  respective  counties,  and  which  may  provide  for 
them  in  almshouses. 


OREGON 


206 


Application. 
343. 
3- 


Examination. 


Paid  by  the 
county. 


Attendant 
conveys. 
6. 


3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons,  residents  of  the  state, 
are  entitled  to  admission  to  a  state  hospital. 

b.  Legal    procedure    in    commitment.     The    county    judge    of 
any  county  in  the  state,  upon  application  of  any  citizen  in  writing 
stating  that  any  person  by  reason  of  insanity  is  suffering  from 
neglect,  or  is  unsafe  to  be  at  large,  must  cause  such  person  to  be 
brought  before  him  for  a  hearing,  summoning  at  the  same  time  one 
or  more  competent  physicians  to  examine  the  person  alleged  to  be 
insane.     If  the  physician  or  physicians,  after  careful  examination, 
certify  under  oath  that  the  person  is  insane,  the  judge  upon  approv- 
ing their  findings,  must  provide  for  the  safe-keeping  of  the  person 
and  cause  him  to  be  conveyed  to  a  state  hospital.     When  a  person  is 
adjudged  insane,  the  county  judge  must  make  a  warrant  reciting  his 
findings,  the  name,  age,  nativity,  and  present  residence  of  the  pa- 
tient, and  a  copy  of  the  physicians'  certificate.     The  warrant  is 
recorded  in  the  findings  of  the  court  and  a  copy  sent  with  the  pa- 
tient to  the  superintendent  of  the  hospital  and  another  to  the 
secretary  of  state. 

c.  Voluntary  admission. 

.d.  Appeal  from  commitment.  An  appeal  lies  from  the  county 
court  in  insanity  cases  and  in  the  same  manner  as  provided  for 
appeals  from  the  county  court  in  other  cases. 

e.  Cost  of  commitment.  The  cost  of  examination  and  committal 
is  to  be  paid  by  the  county  in  which  the  examination  was  made; 
but  the  cost  of  transporting  patients  to  the  hospital  is  borne  by  the 
state. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  person  committed,  together  with  the  warrant  of  the  judge 
and  certificate  of  the  physician,  must  be  delivered  to  the  sheriff  of 
the  county,  and  by  him  to  the  agent  appointed  by  the  superintend- 
ent to  convey  the  insane  person  to  the  hospital. 


By  the  board. 
Laws  of  1913. 

78. 

17. 

Laws  of  1917, 
ch.  151. 


5.  TRANSFER   OF  PATIENTS 

The  board  may  transfer  patients  from  one  hospital  to  the  other 
in  order  to  improve  their  condition  or  lessen  their  cost  of  mainte- 
nance. Transfers  may  be  made,  by  the  board,  from  the  penal  in- 
stitutions, if  upon  examination,  the  inmates  are  found  to  be  insane. 

6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

The  superintendent  shall  discharge  such  patients  as  are  in  his 
opinion  properly  fit  to  be  discharged. 


207  OREGON 

7.  COST  OF  MAINTENANCE 

Indigent  insane  are  cared  for  at  the  hospital  at  the  expense  of  the^bythe 
state. 

8.  CRIMINAL  INSANE 

A  person  acquitted  of  a  criminal  charge  on  the  ground  of  insanity, 
if  deemed  by  the  court  dangerous,  must  be  committed  to  any  insane crime 
hospital  to  remain  until  he  becomes  sane  or  ^s  otherwise  discharged 
by  authority  of  law. 

When  any  convict  confined  in  the  state  penitentiary  is  in  the 
opinion  of  the  warden  or  prison  physician  insane,  notice  must  be 
given  to  the  clerk  of  the  board  which  then  orders  an  examination  by 
one  or  more  of  the  physicians  of  the  state  hospital.  If  they  report 
the  convict  insane  the  board  must  order  him  transferred  to  the  state 
hospital  for  treatment;  but  the  board  may  at  any  time  cause  him  to 
be  transferred  back  to  the  state  penitentiary. 


208 


PENNSYLVANIA 


Board  of  public 
charities. 
Digest. 
Page  4753- 
136. 

Committee     on 
lunacy. 
138. 

137. 
139. 
140. 


141  (i). 

Private 
institutions. 
145. 


Authorities: 

Pepper  and  Lewis'  Digest  of  the  Laws  of  Pennsylvania,  1907 
Laws  of  Pennsylvania,  1911,  1913,  1915,  1917 

i.  ADMINISTRATION  AND   SUPERVISION 

a.  General.     The  general  supervision  over  all  hospitals  and  in- 
stitutions for  the  care  and  treatment  of  the  insane  is  entrusted  to  the 
board  of  public  charities  through  its  committee  on  lunacy.     This 

1  committee  consists  of  five  members  who  are  appointed  by  the  gov- 
ernor for  terms  of  five  years  and  one  of  them  must  be  a  member  of  the 
bar  of  at  least  ten  years'  standing,  and  one  a  practicing  physician  of 
at  least  ten  years'  standing.  The  committee  on  lunacy  must  ex- 
amine personally  or  through  its  secretary  and  report  annually  to 
the  whole  board  the  condition  of  the  insane  in  the  state,  and  the 
management  of  hospitals,  public  and  private  almshouses,  and  all 
other  places  where  insane  are  cared  for  and  treated. 

The  committee,  with  the  consent  of  the  chief  justice  of  the  su- 
preme court  and  the  attorney  general,  has  authority  to  license  all 
places  in  which  insane  persons  are  cared  for,  except  prisons  and 
state  hospitals.  It  is  a  misdemeanor  to  conduct  an  institution  for 
the  insane  without  a  license,  or  when  a  license  has  been  suspended. 
The  committee  makes  all  regulations  for  the  proper  treatment  of 
insane,  for  the  commitment  of  the  insane,  and  the  forms  to  be 
observed  in  regard  to  the  commitment  and  transfer  of  custody  and- 
discharge  of  patients  other  than  those  committed  by  the  order  of 
a  court  of  record.  It  furthermore  regulates  the  number  of  persons 
that  may  be  detained,  the  accommodations  to  be  provided,  and  all 
other  things  pertaining  to  the  management  and  control  of  institutions 
for  the  care  or  detention  of  the  insane.  The  board  and  the  com- 
mittee on  lunacy  make  annual  reports. 

For  each  county  in  which  there  is  a  hospital  or  place  where  insane 
persons  are  kept,  a  board  of  visitors,  consisting  of  not  less  than  three 
persons,  must  be  appointed  by  the  board  of  public  charities. 

b.  Institutional.     The  state  hospitals  are  under  the  direction  and 
control  of  boards  of  trustees  or  managers  that  vary  somewhat  in  com- 
position, but  generally  consist  of  nine  members,  appointed  by  the 
governor  for  terms  of  three  years.     The  boards  have  general  control 
of  the  affairs  of  the  hospitals  and  appoint  the  superintendents,  who 

Laws07°f  1913>must  be  skillful  physicians  and  are  subject  to  removal  or  re-election 
not  oftener  than  once  in  three  years,  except  for  breach  of  trust.  The 
The  superintendents  appoint  and  control  all  subordinate  officers, 
subject  to  the  approval  of  the  trustees. 


141  (7). 


Boards  of 

visitors. 

142. 


Boards  of 
trustees. 
Pages  4710- 
4738. 


Superintend- 
ents. 


209  PENNSYLVANIA 

2.  CARE 

a.  In  state  institutions. 

Pennsylvania  State  Lunatic  Hospital,  Harrisburg;  established  1845; 
1,000  beds. 

State  Hospital  for  the  Insane,  Danville;  established  1872;  1,450  beds. 

State  Hospital  for  the  Insane,  Warren;  established  1873;  1,282  beds. 

State  Hospital  for  the  Insane,  Norristown;  established  1879;  3,200 
beds. 

State  Asylum  for  the  Chronic  Insane  of  Pennsylvania,  Wernersville; 
established  1891;  875  beds. 

Homeopathic  State  Hospital,  Allentown;  established  1901;  1,000  beds. 

State  Hospital  for  the  Criminal  Insane,  Waymart;  established  1905; 
150  beds. 

Western  State  Hospital  for  the  Insane,  Westmoreland  County;  au- 
thorized 1915. 

Eastern  State  Hospital  for  the  Insane;  authorized,  1917. 

b.  In  local  institutions.     Several  counties  and  cities  maintain 
their  own  institutions  for  the  insane  in  connection  with  the  county 
homes  or  as  separate  hospitals  under  the  supervision  of  the  directors 
of  the  poor  of  the  county  or  the  municipal  authorities,  as  the  case 
may  be.     The  Philadelphia  general  hospital  has  a  psychopathic 
ward  of  175  beds. 

Hospitals  maintaining  medical  and  surgical  staffs,  and  in  which  £|^g°pathic 
courses  of  lectures  in  mental  diseases  are  open  to  medical  students  ^S55°f  1911' 
may,  with  the  consent  of  the  board  of  public  charities,  maintain    '• 
psychopathic  wards  for  the  reception  and  treatment  of  persons 
suffering  with  mental  disorders. 

Provision  is  made  for  the  employment  of  the  insane  confined  in  o  ™Sfaene. 
institutions,  wholly  or  in  part  maintained  by  the  state,  and  for  the  j£|gS^768 
distribution  of  the  supplies,  manufactured  articles,  goods  and  prod-    l83- 
ucts  made  in  any  state  institution  for  the  care  of  the  insane,  feeble- 
minded and  epileptic. 

The  trustees  of  the  insane  or  district  overseers  of  the  poor  may^™porary 
provide  a  building,  or  a  room  in  a  building  separate  from  the  insane  J;*W6S5  of  Ipl7 
department  of  the  district,  for  the  care,  treatment,  and  maintenance 
of  persons  committed  to  their  care  who  are  temporarily  mentally 
deranged. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons  are  entitled  to  ad- 
mission to  the  state  hospitals  for  the  insane  or  to  county  or  city 
asylums  where  such  are  maintained.     Pay  patients  may  be  re- 
ceived, but  indigent  insane  shall  have  preference. 

b.  Legal  procedure  in  commitment.     On  statement  in  writing  to  oSaint' 
a  judge  in  the  common  pleas  or  quarter  sessions  of  any  respectable  Page  "4°- 


PENNSYLVANIA 


210 


Investigation. 


Disposition. 
129. 


Report  to 
committee  on 
lunacy. 
134- 


Certificate 

of  insanity. 

Page  474 1- 

103. 


Laws    of 
no.  59. 


Digest. 

P.  4741. 

105. 


Procedure  on 
admission. 
108. 


person  that  a  person  is  insane,  and  that  the  welfare  of  himself  or  of 
others  requires  his  restraint,  the  court  must  immediately  appoint  a 
commission  to  inquire  into  the  facts  of  the  case.  This  commission 
must  be  composed  of  three  persons,  one  of  whom  at  least  shall  be  a 
physician  and  another  a  lawyer.  They  hear  evidence  and  the 
statements  of  the  party  complained  of,  or  of  his  counsel,  and  if,  in 
their  opinion,  it  is  a  suitable  case  for  confinement,  the  judge  must 
issue  his  warrant  for  such  disposition  of  the  insane  person  as  will 
secure  the  object  of  the  measure. 

When  a  person  is  found  by  inquisition  to  be  insane,  the  committee 
of  the  person  or  of  the  estate,  and  also  the  clerk  of  the  court  in  which 
the  inquisition  has  been  returned,  must  send  to  the  committee  on 
lunacy  a  statement  signed  by  the  committee  of  the  lunatic,  giving  his 
name,  age,  sex  and  residence.  The  committee  on  lunacy  may  visit 
and  examine  the  lunatic  and  is  authorized  to  apply  to  any  court, 
having  jurisdiction  over  the  committee,  or  to  a  judge  of  a  court  of 
common  pleas  of  the  county  in  which  the  lunatic  is  a  resident  or 
detained,  to  make  such  orders  for  his  maintenance  and  for  the  care 
and  disposition  of  his  property  as  the  case  may  require. 

If  it  is  made  to  appear  to  any  law  judge  that  an  insane  person  is 
suffering  from  the  want  of  proper  care  or  treatment,  he  must  order 
him  placed  in  some  hospital  for  the  insane,  at  the  expense  of  those 
who  are  legally  bound  to  maintain  him,  but  not  such  order  may  be 
made  without  due  notice  to  the  persons  to  be  affected  thereby,  and 
the  hearing  had  thereon. 

No  person  may  be  received  as  a  patient  in  any  institution  for  the 
insane  without  a  certificate  signed  by  at  least  two  resident  physicians 
who  have  been  in  actual  practice  for  at  least  five  years,  both  of  whom 
must  certify  that  they  have  examined  separately  the  person  alleged 
to  be  insane,  and  that  he  requires  care  and  treatment  in  a  hospital 
>  or  other  establishment  for  the  insane.  The  certificate,  duly  attested 
under  oath,  before  a  judge  of  the  county  certifying  to  the  standing 
and  good  repute  of  the  signers,  must  have  been  made  within  a  week 
of  the  examination  of  the  patient,  and  within  two  weeks  of  the  time 
of  the  admission  of  the  patient.  No  person  alleged  to  be  insane  may 
be  received  into  any  house  for  treatment  or  detention  unless  at  the 
time  of  his  reception  the  person  or  persons  at  whose  instance  com- 
mitment is  made  states  in  writing  that  in  their  belief  the  detention  is 
necessary  and  for  the  benefit  of  the  insane  person. 

The  law  prescribes  in  detail  the  facts  concerning  insane  persons 
which  must  be  made  known  at  the  time  of  admission  to  the  superin- 
tendent who  receives  him.  Within  twenty-four  hours  after  the 
reception  of  a  person  in  any  hospital,  these  facts  must  be  entered  in  a 
book  kept  for  that  purpose.  The  regular  medical  attendant  must 


211  PENNSYLVANIA 

then  examine  the  patient  and  reduce  the  results  of  the  examination  to 
writing. 

The  medical  attendants  of  hospitals  are  required  to  report  to 
committee  on  lunacy,  within  seven  days  from  the  time  of  the 
tion  of  the  patient,  the  statements  given  at  the  time  of  the  reception 
of  the  patient,  and  the  results  of  the  examination.     At  least  once  in 
six  months,  a  report  must  be  made  on  the  condition  of  every  patient. 

The  managers  and  officers  of  a  hospital  for  the  insane  are  not  ^£°ritihe°spital 
liable  to  the  penalties  imposed  by  the  law  in  case  of  receiving  forn°Jj*ble- 
detention  an  insane  person  without  complying  with  the  legal  re- 
quirements, if  the  judge  trying  the  cause  certifies  that  the  officers 
and  managers  had  good  reason  to  believe  that  the  reception  and 
detention  were  necessary  for  the  safety  of  the  insane  person.     But  o^estn>s 
the  person  must  be  legally  committed  or  discharged  from  custody  p^eJ-Lewis 
within  48  hours,  and  the  board  of  public  charities  must  have  been  p'^j 
notified  of  the  facts  connected  with  the  reception  and  detention. 

Persons  suffering  from  mental  disorders  may  be  committed  for  not  ^o^^at 
more  than  thirty  days  to  the  psychopathic  wards  of  hospitals  for^sss°f  I9"» 
observation  and  treatment  in  the  same  manner  as  persons  are  com-    3> 
mitted  to  hospitals  for  the  insane.     The  courts  before  whom  persons 
charged  with  offenses  are  brought  for  examination  or  trial  may  in 
like  manner  commit  them  to  psychopathic  wards  for  observation  and 
diagnosis.     But  persons  admitted  to  these  wards  who  are  found 
insane  must  be  regularly  committed  and  removed  to  a  hospital  for 
the  insane  within  thirty  days. 

Whenever  a  person  has  become  insane  or  so  mentally  defective  ofp^ 
that  he  is  unable  to  take  care  of  his  property,  the  immediate  relatives, 
creditors,  or  in  their  absence,  any  other  person,  may  present  to  the 
court  of  common  pleas  of  the  county  in  which  the  person  resides  a 
petition  under  oath,  asking  the  court  to  adjudge  such  person  to  be 
unable  to  take  care  of  his  property  and  to  appoint  a  guardian  for  the 
estate  of  such  person.  The  hearing  of  the  petition  must  be  in  the 
presence  of  the  person  against  whom  it  is  presented,  unless  it  is 
unsafe  to  require  his  presence.  If  the  court  is  satisfied  that  the 
person  is  not  able,  owing  to  insanity  or  weakness  of  mind,  to  take 
care  of  his  property,  he  must  enter  a  decree  accordingly,  and  ap- 
point a  guardian  to  take  care  of  it.  Upon  written  request,  a  trial  of 
the  case  may  be  had  by  jury.  When  a  decree  has  been  issued,  a 
guardian  must  be  appointed  with  the  same  powers  as  the  committee 
on  lunacy. 

c.  Voluntary  admission.  Persons  who  are  threatened  with  mental 
disorders  and  voluntarily  place  themselves  in  institutions  for  the 
insane  may  be  received  for  a  period  of  one  month  or  less  by  an  agree- 
ment which  must  specify  the  time  and  be  signed  by  them  at  the 


PENNSYLVANIA 


212 


Page  4749- 
126. 


time  of  their  admission.  At  the  end  of  one  month  they  may  renew 
the  agreement,  but  no  agreement  is  valid  unless  signed  in  the 
presence  of  some  adult  person  attending  as  a  friend  of  the  applicant, 
and  by  the  medical  attendant. 

Habeas  corpus,  d.  Appeal  from  commitment.  On  a  sworn  statement  addressed 
by  some  respectable  person  to  any  law  judge,  that  a  person  confined 
in  a  hospital  for  the  insane  is  not  insane  and  unjustly  deprived  of  his 
liberty,  the  judge  must  issue  a  writ  of  habeas  corpus  and  hold  a 
public  hearing  on  the  question.  The  onus  of  proving  the  person 
J34-  insane  rests  upon  those  restraining  him  of  his  liberty.  From  an 

order  by  a  court  regarding  the  care  of  an  insane  person  and  the  dis- 
position of  his  estate,  an  appeal  may  be  taken  to  the  supreme  court. 
e.  Cost  of  commitment.  If  a  person  is  found  to  be  not  suitable 
for  commitment  as  insane  and  the  proper  court  or  a  law  judge  so 
affirms,  the  one  petitioning  for  his  commitment  is  liable  for  all  costs. 
If  he  is  found  suitable  for  commitment  and  has  sufficient  property, 
the  property  is  liable  to  all  costs.  If  the  person  is  found  insane  and 
suitable  for  commitment  and  has  not  sufficient  property,  the  county 
liable  for  his  support  in  the  hospital  is  also  liable  for  all  costs. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

When  an  indigent  female  insane  patient  is  to  be  removed  from 
one  place  or  institution  to  another  or  returned  from  an  institution, 
the  court  under  whose  order  she  is  committed,  or  the  commissioners 
of  the  county  or  the  overseers  of  the  poor  of  the  district  must  pro- 
vide a  female  attendant  for  every  female  patient  in  transit,  unless  the 
patient  is  accompanied  by  a  member  of  her  family.  Refusal  to 
comply  with  this  provision  or  neglect  to  do  so  is  subject  to  a  penalty 
of  $250. 

5.  TRANSFER  OF  PATIENTS 

The  committee  on  lunacy  is  authorized,  when  satisfied  that  any 
of  the  state  hospitals  for  the  insane  are  overcrowded,  to  transfer 
patients  from  one  state  hospital  to  another  and  the  liability  of  the 
municipalities,  poor  district,  or  persons,  for  the  support  of  the 
patient  is  continued.  The  cost  is  paid  from  the  general  appropria- 
tion for  the  insane. 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

In  case  the  medical  attendant  of  a  hospital  is  of  opinion  that 
detention  is  not  necessary  for  the  benefit  of  the  patient,  he  must 
notify  those  at  whose  instance  the  patient  is  detained,  and  unless 
satisfactory  proof  to  the  contrary  is  forthcoming  within  seven  days, 
the  patient  must  be  discharged. 

All  persons  detained  as  insane  other  than  the  criminal  insane  must 
be  discharged  as  soon  as  they  are  restored  to  reason  and  competent 


Page  4761. 
1 66. 


Female  at- 
tendant. 
167. 


Laws  of  1917, 
no. 133. 


Discharge  by 
medical 
attendant. 
Digest. 
Page  4744- 
109. 


On  recovery. 
114. 


213  PENNSYLVANIA 

to  act  for  themselves.     The  committee  on  lunacy  must  be  notified  of    "s- 
all  discharges  within  seven  days  after  they  have  been  made  and  may    "6- 
at  any  time  order  the  discharge  of  any  person  detained  as  insane 
other  than*  criminals,  but  not  without  due  notice  to  the  person  in 
charge  of  the  institution  where  the  patient  is  kept  and  to  the  persons 
at  whose  expense  the  patient  is  detained.     The  committee  may  not 
sign  an  order  of  discharge  unless  they  have  personally  attended  and 
examined  the  case  of  the  patient. 

On  statement  in  writing  to  any  law  judge  by  some  friend  of  a  "^"/JJ! 
person  placed  in  a  hospital  that  he  is  losing  his  bodily  health,  and  pavement, 
that  his  welfare  would  be  promoted  by  his  discharge,  or  that  his 
mental  disorder  has  so  far  changed  its  character  as  to  render  further 
confinement  unnecessary,  the  judge  must  make  suitable  inquisition 
and  may  or  may  not  order  the  discharge  of  the  person. 

Persons  placed  in  any  hospital  for  the  insane  may  be  removed 
those  who  have  become  responsible  for  the  payment  of  their  ex- 
penses, provided,  that  such  obligation  was  the  result  of  their  own 
free  act,  and  that  its  terms  require  the  removal  of  the  patient  in 
order  to  avoid  further  responsibility. 

Whenever  any  indigent  insane  inmate  of  a  hospital  is  discharged, 
the  authorities  of  the  hospital  must  pay  the  traveling  expenses  of  the  j£731°f  19I7> 
inmate  to  his  home. 

7.  COST  OF  MAINTENANCE 

The  expense  of  the  care  and  treatment  of  the  indigent  insane 
the  state .  hospitals  for  the  insane  is  fixed  at  two  dollars  and  fifty  Jj]^9>of  19I7» 
cents  per  week  for  each  person.     The  amount  includes  the  cost  of  no-65)- 
clothing.     It  is  charged  to  the  counties  or  to  the  poor  districts  from 
which  the  person  was  committed.     The  excess,  which  may  not 
exceed  two  dollars  and  fifty  cents  per  week,  is  paid  by  the  state. 
The  cost  of  maintaining  persons  in  the  hospital  for  the  chronic  insane 
may  not  exceed  four  dollars  per  week.     Two  dollars  of  the  amount 
must  be  paid  by  the  counties  or  by  the  poor  districts  and  the 
remainder  by  the  state. 

Any  county,  subdivision  thereof,  or  city  maintaining  a  suitable  UJJ^- 
institution  for  the  insane  is  entitled  to  receive  from  the  state  the1*-^44- 
sum   of   $2  per  week  for  each  indigent  insane  person  committed 
to  the  institution  or  transferred  to  it  from  a  state  hospital. 

The  county  from  which  he  was  sent  is  liable  for  the  support  of  an    l6a< 
insane  person  who  has  been  committed  to  it  by  any  court. 

Hospitals  maintaining  psychopathic  wards  are  entitled  to  receive  k*™5  0( 
from  the  state  $2  per  day  for  each  indigent  person  received  during    3. 
the  time  of  his  stay. 


PENNSYLVANIA 


214 


When  and 
where  commit- 
ted. 

P.  4744- 
Digest. 

122. 
Parole. 
Laws  of  191 1, 
Page  273- 

i. 

3- 


Discharge. 

Digest. 

P.  4744- 

123. 


Persons  liable.  The  husband,  wife,  father,  mother,  or  child  of  a  patient  in  any 
asylum  or  hospital  maintained  in  whole  or  part  by  the  state,  if  able 
to  pay,  is  liable  for  the  maintenance  of  the  patient.  The  value  of  a 
patient's  estate  must  'be  reported  to  the  attorney  general  yearly  in 
order  that  proper  charges  may  be  made  against  it. 

8.  CRIMINAL  INSANE 

When  a  person  is  acquitted  in  a  criminal  suit  on  the  ground  of 
insanity,  the  court  must  order  the  prisoner  to  be  committed  to  some 
place  of  confinement  for  safe-keeping  or  treatment. 

The  person  may,  however,  be  released  from  custody  on  parole 
by  the  court  in  which  he  was  acquitted.  The  court  directing  the 
release  on  parole  on  the  grounds  of  insanity  may  prescribe  such 
terms  and  conditions  of  release  as  to  it  may  seem  proper. 

If,  after  a  confinement  of  three  months'  duration,  any  law  judge  is 
satisfied  by  the  evidence  presented  to  him  that  the  prisoner  has 
recovered,  and  that  the  paroxysm  of  insanity  in  which  the  criminal 
act  was  committed  was  the  first  and  only  one  he  had  ever  experienced, 
he  may  order  his  unconditional  discharge.  If  it  appears  that  the 
paroxysm  of  insanity  was  preceded  by  at  least  one  other,  the  court 
may  appoint  a  guardian  of  his  person  under  bond  for  any  damage  his 
ward  may  commit.  In  case  of  homicide  or  attempted  homicide,  the 
prisoner  may  not  be  discharged,  unless  in  the  opinion  of  the  superin- 
tendent and  three-fourths  of  the  managers  of  the  hospital  and  the 
court  before  which  he  was  tried  he  has  recovered  and  is  safe  to  be  at 
large. 

Insane  convicts  may  not  be  received  at  any  hospital  except  when 
delivered  by  the  sheriff  on  order  of  the  court  of  the  county  in  which 
they  were  arrested  or  committed,  nor  may  such  convicts  be  dis- 
charged from  a  hospital  except  upon  an  order  to  the  sheriff  or  his 
deputy  by  the  court.  If  any  person  detained  in  any  prison  is  in- 
sane or  in  such  condition  as  to  require  treatment  in  a  hospital  for 
insane,  any  law  court  under  whose  order  the  person  is  detained  must 
upon  application  make  an  inquiry  into  the  circumstances,  either  by  a 
commission  or  otherwise,  with  notice  to  the  committee  on  lunacy, 
and  if  the  judge  is  satisfied  that  the  person  requires  hospital  treat- 
ment, he  must  direct  his  removal  to  a  state  hospital,  the  cost  to  be 
borne  by  the  county  liable  for  his  maintenance  in  prison. 

The  discharge  of  an  insane  convict  confined  in  any  hospital  by 
order  of  any  court  or  of  a  person  who  has  been  acquitted  on  trial 
because  of  insanity  and  likewise  confined,  is  prohibited  except  by 
order  of  a  court  of  competent  jurisdiction;  and  in  such  a  case,  the 
insane  person,  whether  a  convict  or  acquitted,  is  not  to  be  set  at 
large,  but  to  be  removed  to  a  place  of  custody  other  than  a  hospital. 


Commitment 
of  insane 
convicts. 
112. 


Discharge    of 
insane     con- 
victs. 
113. 


215  PENNSYLVANIA 

The  order  for  removal  may  not  be  made  without  notice  to  the  com- 
mittee on  lunacy,  and  time  must  be  given  them  to  investigate  the 
case  and  act  on  the  application. 

Whenever  any  person  committed  to  jail  charged  with  an  off ense  £!™°n*f ini '17' 
not  amounting  to  a  felony  is  found  to  be  insane,  he  may  be  re-no-265- 
moved  to  a  hospital  for  the  insane. 

The  cost  of  commitment,  removal,  and  maintenance  of  any  person  cost  of  main- 
committed  to  a  state  hospital  as  an  insane  criminal  must  be  paid  by  La£?°of  1917. 
the  county  wherein  the  crime  was  committed.     The  county  may 
recover  the  amount  expended  or  any  part  thereof  from  the  estate  of 
the  person  or  relatives  liable  for  his  support,  but  not  from  the  poor 
districts. 


216 


Penal  and 
charitable 
commission. 
Laws  of  1917. 
1470. 

1,2. 


3,  19. 


General  lavrs. 
ch.96. 
46. 


Boardinr 

Datients. 
Laws  of  1914. 


General  laws, 
ch.  96. 
ii. 


Application. 
48. 


RHODE   ISLAND 

Authorities: 

General  Laws  of  Rhode  Island,  1909 

Public  Laws  of  Rhode  Island,  1909-1910,  1912,  1914,  1915,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  penal  and  charitable  commission  consists  of 
nine  persons.    Three  of  the  members  are  appointed  from  the  county 
of  Providence,  one  from  each  of  the  other  counties  and  two  from  the 
state  at  large.     They  are  appointed  for  terms  of  six  years  and  serve 
without  compensation,  but  receive  their  traveling  expenses.     The 
governor  may  remove  or  suspend  any  member. 

The  commission  has  full  management  and  control  of  the  state 
penal  and  charitable  institutions,  including  the  hospital  for  mental 
diseases.  Meetings  must  be  held  at  least  once  every  month  and  at 
such  other  times  as  may  be  determined.  Annual  reports  must  be 
made  to  the  assembly.  The  commission  appoints  the  officers  for 
the  institutions  and  determines  their  salaries. 

b.  Institutional.     There  are  no  local  boards  of  trustees. 

2.  CARE 

a.  In  state  institutions. 

State  Hospital  for  Mental  Diseases,  Howard;  established  1869;  1,400 

beds. 

The  state  also  contributes  to  the  support  of  patients  in  the  Butler 
hospital,  Providence,  which  is  an  incorporated  institution  under 
private  management. 

b.  In  local  institutions.     Insane  persons  may  be  provided  for  in 
town  asylums,  but  not  unless,  in  the  opinion  of  the  secretary  of  the 
penal  and  charitable  commission,  they  are  properly  cared  for. 

e.  In  families.  The  penal  and  charitable  commission  may  place 
any  chronic,  quiet  patient  in  board  with  any  suitable  family  at  a  cost 
not  exceeding  maintenance  in  the  state  hospital. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons  who  are  residents  of 
the  state  are  entitled  to  be  cared  for  at  the  state  hospital  or  may  be 
supported  in  part  at  the  Butler  hospital  by  the  state. 

Parents,  guardians,  relatives  or  friends  may  place  insane  persons 
in  a  hospital  for  the  insane  provided  they  present  to  the  superintend- 
ent a  certificate  of  insanity  from  two  physicians  of  good  standing. 
The  state  is  not  liable  for  the  support  of  such  patients. 

b.  Legal  procedure  in  commitment.     Upon  the  written  applica- 
tion of  the  parent,  guardian,  relative  or  friend  of  an  insane  person, 


217  RHODE  ISLAND 

accompanied  by  the  certificates  of  two  practicing  physicians  regis- 
tered in  the  state,  that  such  person  is  insane,  the  penal  and  chari- 
table commission  is  authorized  to  receive  him  for  care  and  treatment 
upon  such  terms  as  it  may  fix. 

Upon  sworn  complaint  to  any  justice  or  clerk  of  a  district  court  ^rfaint 
that  a  person  within  the  county  is  so  insane  as  to  be  dangerous  to  the  »• 
peace  and  safety  of  the  public,  the  justice  or  clerk  must  issue  a 
warrant  for  the  person  and  have  him  brought  before  the  district 
court  for  examination.  When  the  complaint  is  accompanied  by  a 
certificate  signed  by  two  practicing  physicians  in  the  state  declaring 
that  the  alleged  insane  person  can  not  without  serious  consequences 
be  examined  in  open  court,  district  courts  are  empowered  to  hold 
examinations  at  times  and  places  most  conducive  to  the  health  and 
comfort  of  the  person  examined.  When  an  examination  is  made  at 
any  other  place  than  in  open  court,  the  justice  may  not  commit 
the  person  to  a  hospital  without  having  the  testimony  of  two  practic- 
ing physicians  of  good  standing  that  the  person  is  insane  and  in  need 
of  restraint.  If  the  court  holds  the  complaint  to  be  true  it  must,  2- 
unless  some  other  provision  for  the  adequate  restraint  and  treatment 
of  the  person  satisfactory  to  the  court  is  made,  commit  him  to  the 
Butler  hospital  or  to  the  state  hospital  for  mental  diseases. 

On  a  sworn  petition  setting  forth  that  any  person  is  insane,  and  commissioners, 
should  be  placed  in  the  hospital  for  mental  diseases,  any  justice  of 
the  supreme  court  may  call  in  not  less  than  three  commissioners  to 
make  inquiry  and  report  whether  the  person  in  question  is  insane  or 
not;  and  if  insane,  he  must  be  placed  in  a  hospital,  either  for  cure  or 
for  restraint.     The  commissioners  must  give  notice  to  the  person  Notice- 
complained  of  as  insane  of  the  time  and  place  of  hearing,  so  that  by 
his  own  statements  or  by  counsel  he  may  defend  himself.     The 
commissioners  may  issue  summons  and  compel  the  attendance  of 
witnesses.     When  the  person  alleged  to  be  insane  is  unable  to  obtain 
counsel  and  summon  witnesses,  the  court  or  commission  must  ap- 
point a  competent  counsel  and  summon  all  necessary  witnesses. 
The  justice  may  issue  a  warrant  for  the  apprehension  of  the  person  w|rrant- 
complained  of  and  order  him  detained  by  the  officer  to  whom  the 
warrant  is  directed  or  to  be  committed  to  the  Butler  hospital  or  the 
state  hospital  for  mental  diseases,  or  other  public  place  for  detention, 
pending  the  inquisition.     Upon  the  report  of  the  commissioners  the    °- 
justice  may,  without  further  hearing,  order  the  person  complained 
of  to  be  confined  in  the  Butler  hospital  or  the  state  hospital,  or  in 
some  other  curative  hospital  for  the  insane,  or  he  may  dismiss  the 
petition.     Insane  persons  may  be  placed  in  the  Butler  hospital  or    "• 
other  curative  hospital  for  the  insane,  supervised  by  officers  ap- 
pointed under  the  authority  of  the  state,  by  their  parents  or  guard- 


RHODE  ISLAND  218 

ians,  or  by  their  relatives  or  friends,  but  the  superintendent  of  the 
hospital  may  not  admit  any  person  without  a  certificate  from  two 
practicing  physicians  of  good  standing,  stating  that  the  person  is 
insane. 

4J-  Any  physician  who  unlawfully  commits  to  any  hospital  for  the 

insane  a  person  who  is  not  insane  is  liable  to  a  fine  not  exceeding 
$500  or  imprisonment  not  exceeding  five  days. 

c'  Voluntary  admission.  The  superintendent  of  any  hospital 
for  the  insane  may  receive  as  a  boarder  and  patient  any  person  who  is 
desirous  of  submitting  himself  to  treatment,  and  who  makes  a 
written  application,  but  whose  mental  condition  is  not  such  as  to 
render  it  legal  to  grant  him  a  certificate  of  insanity.  Such  a 
boarder  may  not  be  detained  for  more  than  three  days  after  having 
given  notice  to  the  superintendent  of  the  hospital  that  he  desires  to 
leave  it. 

<*•  APPeal  fr°m  commitment.     On  petition  of  any  person  con- 
insanIefined       ^ne(^  m  an  institution  for  the  insane,  or  of  any  person  on  his  behalf, 

js-  to  a  justice  of  the  supreme  court,  stating  that  he  has  reason  to  be- 

lieve that  such  person  is  not  insane,  the  justice  must  issue  a  com- 
mission for  the  purpose  of  inquiring  into  the  condition  of  the  person. 
The  personal  examination  by  the  commissioners  of  the  person  de- 
tained as  insane  must  take  place  in  the  institution  where  he  is  de- 

l8-  tained,  except  by  order  of  the  justice  issuing  the  commission.     In 

other  respects  the  commission  has  the  same  power,  and  proceeds 
in  the  same  manner  as  provided  in  case  of  examination  for  the  com- 

**•  mitment  of  the  insane.     The  right  of  any  person  to  the  writ  of 

Habeas  corpus,  habeas  corpus  is  not  abridged;  and  upon  application  for  it,  the  court 
must  inquire  into  and  determine  the  sanity  or  insanity,  or  the  neces- 
sity for  restraint,  of  the  person  confined.  If  it  appears  necessary  to 
the  court,  the  case  must  be  submitted  to  a  jury  in  the  superior  court. 
co°miL?sfsion,  ^°  commission  may  be  issued  until  the  applicant  pays  or  secures 
h<w  borne.  Q\\  costs  and  expenses  connected  therewith,  as  well  as  the  expense 
of  any  ensuing  confinement.  No  payment  or  security  is  required  in 
case  the  application  is  for  the  discharge  of  the  person  confined  by 
himself.  In  such  a  case,  all  costs  are  charged  against  the  estate  of 
the  applicant  or  person  committing  him  to  the  hospital,  or  in  case  of 
poor  and  indigent  persons,  against  the  state. 

"•  e.  Cost  of  commitment.     The  costs  of  the  commitment  of  an 

insane  person  are  to  be  paid  by  him  if  he  has  any  estate;  otherwise 
by  the  state,  until  the  liability  of  some  town  for  his  maintenance  has 

5-  been  established.     When  the  person  or  town  chargeable  with  the 

cost  neglects  to  pay  it,  the  secretary  of  the  penal  and  charitable 
commission  must  give  notice  to  the  attorney  general,  who  must  begin 
action  for  the  recovery  of  the  costs. 


219  RHODE  ISLAND 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

A  female  patient  must  be  accompanied  to  the  hospital  by  aLawsofl915- 
woman  assigned  by  the  court  in  addition  to  the  committing  officer 
unless  accompanied  by  a  relative. 

5.  TRANSFER  OF  PATIENTS 
6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

The  superintendents  of  the  state  hospital  for  mental  diseases  fe^entsuperin" 
and  of  the  Butler  hospital,  acting  under  the  direction  of  the  penal  ^ei^e6ral laws- 
and  charitable  commission,  may,  whenever  they  shall  deem  it  for    50-51. 
the  welfare  of  any  inmate  and  consistent  with  public  safety,  permit 
an  inmate  to  leave  temporarily,  in  charge  of  his  guardian,  relatives  or 
friends,  for  a  period  not  exceeding  six  months,  to  be  received  when- 
ever returned  by  the  guardian,  relatives  or  friends  within  this  period, 
without  further  order  of  commitment. 

Patients  committed  to  hospitals  for  the  insane  by  order  of  court  By^court. 
may  be  discharged,  although  not  restored  to  sanity,  upon  the  written 
recommendation  of  the  trustees  and  superintendent  of  the  hospital 
by  an  order  of  any  justice  of  the  supreme  court.     The  superintendent    »* 
of  any  institution  for  the  insane  may,  on  the  application  of  any 
relative  or  friend  and  upon  the  approval  of  the  trustees,  discharge  ™-%£"y 
any  patient  not  committed  by  a  process  of  law. 

Persons  who  have  placed  an  insane  person  in  a  hospital  for  the 
insane  and  voluntarily  become  responsible  for  the  payment  of  his 
expenses  while  in  the  institution,  have  the  right  to  remove  him. 

The  secretary  of  the  penal  and  charitable  commission,  together  on 
with  the  chairman  of  the  state  board  of  health,  constitute  a  commis- 
sion  to  receive  all  complaints,  and  communications  from,  or  relating 
to,  any  inmate  of  any  hospital  for  the  insane  within  the  state. 
Whenever  it  seems  to  them  advisable,  they  must  make  inquiry  and 
petition  any  justice  of  the  supreme  court  for  an  examination  into  the 
condition  of  an  insane  person,  and  the  justice  may  in  his  discretion 
cause  the  person  to  be  discharged.  The  commission  must  present 
forthwith  to  some  justice  of  the  supreme  court  any  application  of 
any  person  confined  for  the  appointment  of  a  commission  of  ex- 
aminers. The  commission  must  from  time  to  time  visit  every  in- 
stitution  or  place  where  any  insane  person  is  confined  and  examined 
into  his  condition.  Upon  proper  complaint  of  improper  treatment 
of  any  insane  person  in  any  institution,  the  commission  may  take 
the  complaint  before  any  court  having  jurisdiction,  and  prosecute  it. 

Whenever  the  secretary  of  the  penal  and  charitable  commission 
complains  in  writing  to  any  justice  of  the  supreme  court  that  any 
person  alleged  to  be  idiotic  or  insane  is  not  properly  cared  for,  or  is 


RHODE  ISLAND 


220 


State 

beneficiaries. 
43- 


Commitment 
of  insane 
criminals  and 
prisoners 
Public  Laws, 
1000-1910. 
ch.  642. 
i. 


Pxfbl'ic  Laws, 
1900-1910. 
ch.  642. 


improperly  confined  or  restrained  of  his  liberty  in  any  town,  the 
court  must  investigate  the  complaint,  and  if  it  be  found  true,  order 
him  removed  to  the  state  hospital  for  mental  diseases. 

7.  COST  OF  MAINTENANCE 

Whenever  an  insane  pauper  chargeable  to  any  town  or  city  is 
admitted  to  the  state  hospital  for  mental  diseases  or  the  .Butler  hos- 
pital or  any  other  hospital,  the  entire  cost  is  paid  by  the  state. 

The  governor  is  authorized  to  draw  upon  the  state  treasury  for  the 
maintenance  in  whole  or  in  part  of  indigent  insane  persons,  in- 
habitants of  the  state,  whom  he  may  select  as  state  beneficiaries. 
The  penal  and  charitable  commission,  through  its  secretary,  may 
designate  as  state  beneficiaries  indigent  insane  persons,  residents  of 
the  state  under  treatment,  whom  they  may  deem  proper  objects  for 
state  aid,  and  may  draw  upon  the  state  for  the  cost  of  their  support 
in  part  at  the  Butler  or  other  curative  hospital. 


8.  CRIMINAL  INSANE 

Whenever  a  person  tried  upon  an  indictment  sets  up  insanity 
as  defence,  the  jury,  if  they  acquit  him,  must  so  state;  and  if  the 
person  acquitted  is  regarded  by  the  court  as  dangerous  to  the 
public  peace  if  left  at  large,  the  court  must  certify  this  opinion  to  the 
governor,  who  may  make  provision  for  his  maintenance  and  support 
in  the  prison  insane  ward,  the  state  hospital  for  mental  diseases  or 
other  institution  for  the  insane.  On  the  petition  of  the  secretary 
of  the  penal  and  charitable  commission,  or  of  the  officer  having  the 
custody  of  any  person  awaiting  trial  or  imprisoned  in  any  county  of 
the  state,  stating  that  he  is  insane,  the  presiding  justice  of  the  supe- 
rior court,  or  in  his  absence  any  justice  of  the  superior  court,  may 
make  such  an  examination  of  the  person  as  he  shall  deem  proper; 
and  if  satisfied  that  the  person  is  insane  or  idiotic,  he  may  order  his 
transfer  to  the  prison  insane  ward  or  to  the  state  hospital  for  men- 
tal diseases.  When  restored  to  reason,  the  presiding  justice  of  the 
superior  court,  may  in  his  discretion  remand  the  person  to  the  place 
of  his  original  confinement,  to  await  trial  for  the  offense  for  which 
Laws>  he  was  committed.  The  estate  of  any  such  insane  person  is  liable 
for  the  maintenance. 

On  petition  of  the  penal  and  charitable  commission,  stating  that 
any  convict  in  the  state  prison  or  in  the  Providence  county  jail, 
or  on  the  petition  of  the  clerk  of  the  superior  court  for  any  of  the 
other  counties,  that  a  convicted  prisoner  in  the  jail  of  his  county  is 
insane,  idiotic,  or  permanently  incapacitated  for  mental  or  physical 
labor,  the  presiding  justice  of  the  superior  court,  or  in  his  absence 
any  justice  of  the  superior  court,  may  order  his  examination,  and 


221  RHODE  ISLAND 

transfer  him  to  the  prison  insane  ward,  the  state  hospital  for  mental    3- 
diseases,  or  the  state  infirmary.     The  order  must  be  for  and  during  General  Laws, 
the  term  of  the  prisoner's  sentence.  ch^p6. 

Upon  restoration  to  reason  or  to  health,  any  person  thus  trans- 
ferred may,  by  order  of  the  presiding  justice  of  the  superior  court 
transferred  to  the  place  of  his  original  confinement,  to  serve  out  the1 
remainder  of  his  sentence. 


222 


SOUTH   CAROLINA 


Board  of 
charities  and 
corrections. 
Acts  of  1915. 
100. 


Board  of 
regents. 
Acts  of  1917, 
No.  121. 


Code. 
3355. 


Superintendent. 
Acts  of  1915. 

100. 

Acts  of  1917, 
No.  121. 


Code. 
3356. 


Authorities: 

Code  of  Laws  of  South  Carolina,  1912 
Acts  of  1915,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  board  of  charities  and  corrections  has  visitorial 
and  advisory  duties  without  administrative  or  executive  powers.     It 
consists  of  five  members  appointed  for  the  term  of  five  years.     The 
board  or  its  secretary  inspects  the  hospitals  for  the  insane  at  least 
once  in  six  months.     The  board  inspects  the  workings  and  results  of 
chartered  institutions  or  associations  engaged  in  the  care  of  defective 
children  or  adults  and  makes  reports  therein.     It  appoints  in  each 
county  or  city  a  local  committee  of  three  visitors. 

b.  Institutional.     The  state  hospital  for  the  insane  is  under  the 
direction  and  control  of  a  board  of  regents,  consisting  of  five  members 
appointed  by  the  governor  for  terms  of  six  years. 

The  regents  establish  by-laws  and  rules  for  the  government  of  the 
hospital,  fix  the  salaries  of  officers  and  attendants,  not  otherwise 
provided  for  by  law,  and  establish  the  rates  of  admission,  mainte- 
nance and  medical  attendance  for  patients  other  than  beneficiaries. 

The  superintendent  appoints  and  removes  all  officers  and  em- 
ployees and  makes  all  rules  for  the  institution.  The  governor  ap- 
points a  visiting  board  of  one  physician,  one  minister  of  the  Gospel 
and  one  layman,  who  inspect  the  hospital  and  report  to  the  governor 
each  month. 

2.  CARE 

a.  In  state  institutions. 

State  Hospital  for  the  Insane,  Columbia;  established  1821;  1,700 
beds.  There  are  separate  departments  for  white  and  colored 
patients. 

b.  In  local  institutions.     The  indigent  insane  not  admitted  to 
the  state  hospital  because  harmless  or  incurable  are  maintained 
in  the  county  poorhouses  under  the  charge  of  the  county  commis- 
sioners, except  in  the  cities  of  Charleston  and  Columbia  where  the 
city  authorities  are  the  overseers  of  the  poor. 

3.  COMMITMENT 

a.  Persons  committed.  The  state  hospital  for  the  insane  is 
maintained  solely  for  the  custody  and  treatment  of  insane  persons. 
A  person  is  considered  insane  or  fit  to  be  a  patient  in  the  hospital 
who  by  reason  of  mental  aberration  of  a  more  or  less  permanent 
character  is  dangerous  to  others  or  to  his  own  life  or  person,  or  to 


223  SOUTH  CAROLINA 

property.  Lack  or  loss  of  mental  ability  to  properly  conduct  his 
usual  work  or  business  must  be  considered  along  with  aberrant  con- 
duct in  determining  the  question  of  a  person's  insanity.  Harmless 
imbeciles,  idiots  or  epileptics  may  not  be  maintained  at  the  hospital 
except  as  pay  patients. 

No  non-resident  of  the  state  may  be  admitted  to  a  state  hospital.  3368- 
If  the  resident  of  some  other  state  is  found  to  be  insane  the  judge  of 
probate  informs  the  governor  of  the  other  state  and  unless  its 
authorities  remove  the  insane  person  within  a  reasonable  time  the 
county  commissioners  have  him  conveyed  to  the  state  of  his  citizen- 
ship. In  the  case  of  a  foreigner  the  governor  transmits  the  informa- 
tion to  the  secretary  of  state  of  the  United  States. 

Inebriates  or  persons  addicted  to  the  drug  habit  may  not  be Inebriates- 
received  in  the  state  hospital  for  the  insane  for  treatment,  unless 
they  are  dangerous  or  violent.  The  board  of  county  commissioners 
of  the  respective  counties  from  which  such  persons  are  sent,  if 
beneficiaries,  must  pay  to  the  state  hospital  for  their  maintenance  the 
same  sum  upon  the  same  terms  required  for  pay  patients.  Any 
inebriate  or  person  addicted  to  the  drug  habit,  who  voluntarily 
makes  application  for  admission  to  the  hospital,  may  at  the  discre- 
tion of  the  board  of  regents  be  received  as  a  pay  patient;  but  not 
when  the  accommodations  are  inadequate  for  insane  patients. 

b.  Legal  procedure  in  commitment.     Application  by  a  relative,  Application, 
friend  or  citizen  for  commitment  of  an  insane  person  to  the  hospital 
must  be  made  to  the  judge  of  probate  of  the  county  in  which  the 
alleged  insane  person  resides.     The  judge  may  investigate  the  case 
by  examining  witnesses  or  not  as  he  sees  fit,  and  if  he  is  reasonably 
convinced  that  the  application  is  a  just  one,  he  must  transmit  an- 
swers to  the  list  of  interrogatories  prepared  by  the  regents,  and  for- 
ward them  to  the  superintendent  of  the  hospital  with  an  application 
for  admission.     If  necessary  the  superintendent  may  refer  the  ap-    336a- 
plication  to  the  board  of  regents  before  final  answer. 

When  informed  that  the  person  can  be  received,  on  what  terms, 
and  under  what  class,  the  judge  of  probate  must  call  two  physicians 
to  certify  to  the  insanity  of  the  person.  The  physicians  must  be 
registered  according  to  the  law  of  the  state  and  may  not  be  related 
to  the  patient.  They  must  certify  that  he  is  not  an  epileptic,  a 
lunatic  incurable  at  home,  and  that  he  is  violent  and  dangerous.  If 
the  judge  of  probate  believes  that  satisfactory  evidence  has  been 
offered  of  the  person's  insanity,  he  must  make  certificates  as  re- 
quired by  the  board  of  regents,  and  send  the  insane  patient  to  the 
hospital. 

The  superintendent  of  the  state  hospital  may  receive  and  detain  fa™|sge 
for  a  period  not  exceeding  five  days,  without  an  order  from  the    3363. 


SOUTH  CAROLINA  224 

probate  judge,  any  person  as  insane  whose  case  is  duly  certified  by 
two  reputable  physicians  to  be  one  of  violent  and  dangerous  in- 
sanity. In  addition,  an  application  signed  by  a  magistrate  of  the 
county  or  the  mayor  or  alderman,  intendant  or  warden  of  the  county, 
city  or  town  in  which  such  insane  person  resides  or  is  found,  must 
be  left  with  the  superintendent.  The  party  committing  the  person 
must  give  a  bond  in  the  sum  of  $100  to  the  treasurer  of  the  institu- 
tion, with  condition  that  he  will  within  five  days  procure  an  order 
for  his  commitment,  and  failing  this  that  the  insane  person  must  be 
removed  or  discharged  by  the  superintendent. 

3357.  When  the  accommodations  of  the  hospital  are  crowded,  preference 

must  be  given  to  recent  curable  cases  over  chronic  incurable  cases. 
Preference  is  last  given  to  idiots,  or  any  who  have  been  imbecile  or 
weak-minded  from  childhood,  to  those  who  are  subject  to  epileptic 
convulsions,  and  to  those  whose  temporary  insanity  is  produced  by 
the  use  of  alcoholic  drinks  or  opiates. 

3376.  The  sheriff  or  other  person  in  charge  of  any  patient  ordered  to  be 

conveyed  to  the  state  hospital  for  the  insane  must  hold  him  without 
expense  to  the  hospital  until  notified  by  the  superintendent  that  the 
patient  can  be  received. 

A°i!£f  IS)I5'  Ct  Voluntary  admission.  Any  person  making  application  for 
admission  may  be  received  at  the  discretion  of  the  superintendent. 

Parties  liable.  e<  Cost  of  commitment.  The  expense  of  committing  patients 
and  transporting  them  to  the  hospital  must  be  paid  out  of  their 
estate  if  they  have  any,  or  by  the  relatives  liable  for  their  support. 
In  the  case  of  indigent  patients  the  cost  is  borne  by  the  state. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

a°"hits  ^ke  Judge  °f  probate  must  deputize  the  sheriff  or  his  deputies  or 

attendant.  other  officers  or  a  friend  or  friends  of  a  committed  insane  person,  to 
convey  him  to  the  hospital. 

5.  TRANSFER  OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE   OF  PATIENTS 

tBendentfuperin"     The  superintendent  of  the  hospital,  under  the  authority  of  the 
C°3d7o  board  of  regents,  must  furlough  any  convalescent  patient  at  the 

request  of  his  relatives  or  friends  for  a  period  not  exceeding  three 
months.  The  relatives  or  friends  must  pay  all  the  traveling  ex- 
penses of  the  patient  from  and  back  to  the  hospital.  If  at  the 
expiration  of  three  months  the  patient  has  not  been  returned  to  the 
hospital,  he  must  be  entered  as  discharged,  and  re-admission  can  not 
be  obtained  without  recommitment  as  if  the  person  had  never  been 
a  patient  in  the  hospital. 

3378.  Whenever  a  patient  has  recovered,  the  regents  must  discharge 

him  from  the  hospital. 


225  SOUTH  CAROLINA 

7.  COST  OF  MAINTENANCE 

Indigent  patients,  residents  of  the  state,  are  maintained  at  the 
expense  of  the  state. 

The  judge  of  probate  must  make  a  thorough  examination  of 
disinterested,  reliable  witnesses  under  oath,  and  of  records,  as 
the  financial  standing  of  the  patient,  the  actual  value  of  all  property  3365. 
owned  by  him,  and  by  the  husband,  wife,  father,  mother,  sons, 
daughters  of  such  patient,  and  also  a  statement  of  all  debts  due  to" 
and  due  by  the  patient  and  the  relatives,  and  transmit  to  the 
superintendent  of  the  hospital  a  report  of  his  investigation.  The 
superintendent  or  the  board  of  regents  must  then  decide  whether  the 
patient  can  be  received  as  a  beneficiary  or  as  a  paying  patient,  in 
whole  or  in  part.  If  the  patient  is  to  be  a  paying  patient  the  judge 
of  probate  must  require  a  bond  to  be  given  with  sufficient  sureties. 

If  satisfactory  evidence  is  adduced  before  the  judge  of  probate 
that  a  paying  patient  in  the  hospital  has  since  admission  become 
indigent,  he  must  at  once  notify  the  superintendent  of  the  fact. 

The  board  of  charities  must  investigate  the  financial  condition  ^^? 
of  all  inmates  and  relatives  liable  for  their  support,  having  due  Ac)|°f  I9IS> 
regard  for  others  dependent  for  support  on  the  patient's  estate. 
All  the  information  in  each  case  with  conclusions  and  recommenda- 
tions are  submitted  to  the  board  of  regents  of  the  state  hospital 
which  then  decides  what  charges  shall  be  made  and  collects  the 
amounts,  if  necessary  calling  on  the  attorney  general  for  aid.  The 
state  board  of  charities  may  cancel  or  modify  any  such  order. 

8.  CRIMINAL  INSANE 

Any  judge  of  the  circuit  court  is  authorized  to  send  to  the  state  g^g  ^^ 
hospital  for  the  insane  every  person  charged  with  the  commission  of  %%$*• 
any  criminal  offense,  who  upon  trial  proves  to  be  non  compos  mentis.  3375. 
When  the  person  so  sent  is  not  a  pauper,  he  must  be  supp.orted  out 
of  his  own  estate. 


226 
SOUTH  DAKOTA 

Authorities: 

Compiled  Laws  of  South  Dakota,  1913. 
Laws  of  South  Dakota,  1915,  1917 

i.  ADMINISTRATION   AND    SUPERVISION 

nd  a>  General.  The  state  board  of  charities  and  correction  is 
correction.  composed  of  five  persons,  no  three  of  whom  may  be  residents  of 
p-45-  counties  in  which  any  state  public  institutions  are  located,  ap- 

pointed by  the  governor  for  terms  of  six  years.  The  board  has 
control  of  all  state  institutions  including  the  hospitals  for  the  insane, 
with  power  to  examine  all  that  pertains  to  the  management  and 
condition  of  these  institutions  and  to  demand  information.  In 
p-4sa.  addition,  the  board  has  all  the  powers  formerly  possessed  by  the 

Laws    of    1917, 

ch.  266.  boards  of  trustees  of  the  several  institutions,  including  the  appoint- 

ment for  the  hospitals  of  the  insane  of  medical  superintendents, 
assistant  physicians,  stewards  and  matrons. 

c.  L<b  The  board  or  a  majority  of  it  must  visit  the  institutions  once  a 

year  (monthly  visits  by  one  or  more  members  are  required)  and 
report  to  the  legislature  at  each  regular  session. 

superintendent,     b.  Institutional.     The  superintendent  of  a  hospital  for  the  insane 

ch.  266.  '  must  be  a  physician  of  acknowledged  skill  and  ability.  He  appoints 
all  employees  and  assistants,  except  those  subject  to  appointment 
by  the  state  board  of  charities  and  correction  upon  his  recommenda- 
tion, and  may  discharge  any  employee  and  suspend  any  resident 
officer. 

2.  CARE 

a.  In  state  institutions. 
Yankton  State  Hospital,  Yankton ;  established  1878;  1,060  beds. 

Land  has  been  purchased  at  Watertown  for  another  state  hos- 
pital for  the  insane. 

c.  L.  b.  In  local  institutions.     Insane  persons  who  can  not  be  cared 

for  at  a  state  hospital  or  for  whom  admission  to  it  is  not  sought 
may  legally  be  provided  for  in  the  county  poorhouses  or  asylums, 
which  are  under  the  management  of  the  county  commissioners  as 
overseers  of  the  poor;  but  in  practice  none  are  so  maintained. 

c.  In  federal  institutions. 
Asylum  for  Insane  Indians,  Canton;  established  1903;  48  beds. 

3.  COMMITMENT 

p.  733.  a.  Persons  committed.     All  residents  of  the  state  who  become 

insane  are  entitled  to  be  received  at  a  hospital  for  the  insane. 


227  SOUTH  DAKOTA 

The  residents  of  other  states  may  be  admitted  upon  the  payment  ^g6of  I9I7» 
of  the  first  cost  of  their  support;  provided,  that  no  resident  of  an- 
other state  may  be  received  or  retained  to  the  exclusion  of  any  resi- 
dent.    If  any  inmate  be  unwilling  to  accept  gratuitous  support,  the 
superintendent  of  the  hospital  is  authorized  to  receive  pay  th'erefor. 

b.  I^egal  procedure  in  commitment.  In  each  organized  county 
there  is  a  board  of  commissioners,  consisting  of  three  persons,  styled 
commissioners  of  insanity.  The  county  judge  is  a  member  of  such 
board  and  its  chairman;  in  case  of  his  absence  or  inability  to  act,  the 
state's  attorney  is  ex-officio  chairman  of  the  board.  The  other  two 
members  are  appointed  by  the  board  of  county  commissioners,  one 
of  whom  must  be  a  reputable  physician  and  the  other  a  practicing 
attorney.  One  of  these  commissioners  is  appointed  for  one  year  and 
the  other  for  two  years.  In  case  of  the  temporary  absence  or 
inability  to  act  of  the  two  commissioners,  the  county  judge  must 
call  to  his  aid  a  reputable  practicing  physician  or  lawyer.  The 
record  of  the  cases  must  show  this  fact. 

The  commissioners  have  cognizance  of  all  applications  for  ad- 
mission  to  the  hospital  or  for  the  safe-keeping  otherwise  of  insane 
persons  within  their  respective  counties,  except  in  cases  otherwise 
specially  provided  for.  For  this  purpose,  they  have  power  to  issue 
subpoenas  and  compel  obedience  thereto,  to  administer  oaths,  and 
do  any  act  of  court  necessary  and  proper  in  the  premises. 

Application  for  admission  to  the  hospital  must  be  made  in  writing  Application, 
to  the  board  of  commissioners  in  the  nature  of  an  information  verified 
by  affidavit,  alleging  that  the  person  is  believed  to  be  insane  and  a 
fit  subject  for  custody  and  treatment  in  the  hospital;  that  he  is  found 
in  the  county  and  has  a  legal  settlement  in  it,  if  that  is  known  to  be 
the  fact,  or  where  he  has  a  settlement. 

The  commissioners  must  at  once  investigate  the  grounds  of  the  investigation, 
information,  and  may  require  that  the  person  for  whom  such  ad- 
mission is  sought  be  brought  before  them  for  examination,  or  they 
may  dispense  with  his  presence.  Any  citizen  of  the  county,  or  any 
relative  of  the  person  alleged  to  be  insane,  may  resist  the  applica- 
tion, and  may  appear  by  counsel  if  they  elect.  The  commissioners 
must  appoint  some  regular  practicing  physician  of  the  county  to 
examine  the  person  alleged  to  be  insane,  and  to  report  to  the  com- 
missioners. The  physician  may  or  may  not  be  of  their  own  number. 
The  physician  must  endeavor  to  obtain  from  the  relatives  T>f  the 
person  in  question  or  from  others  who  know  the  facts  correct  an- 
swers, so  far  as  may  be,  to  the  prescribed  interrogatories,  which  with 
answers  must  be  attached  to  his  certificate. 

On  the  return  of  the  physician's  certificate,  the  commissioners  Flings, 
must  find  whether  the  person  is  insane  and  a  fit  subject  for  treatment 


SOUTH  DAKOTA 


228 


Preference 
in  receiving 
patients, 
p.  145. 


Disposition  of 
insane  person 
when  accom- 
modations of 
asylum  are 
insufficient. 
P- 735- 


Insane   persons 
cared  for  by 
the  county. 
P.  735- 


Laws    of    1915, 
ch. 285. 

Laws    of    1917, 
ch.:»66. 


Proceedings 
for  release. 
C.  L. 
P.  737 


and  custody  in  the  hospital,  and  where  his  legal  settlement  is.  If 
they  find  him  insane  and  a  fit  subject  for  treatment  and  custody  in 
the  hospital,  they  must  issue  their  warrant  authorizing  the  superin- 
tendent of  the  hospital  to  receive  him  as  a  patient. 

If  it  becomes  necessary  for  want  of  room  or  other  cause  to  dis- 
criminate in  the  general  reception  of  patients  into  the  hospital,  a 
selection  must  be  made  as  follows:  (1)  recent  cases,  of  less  than  one 
year's  duration;  (2)  chronic  cases,  of  more  than  one  year's  duration; 
(3)  those  for  whom  application  has  been  longest  on  file;  (4)  when 
cases  are  equally  meritorious  in  all  other  respects,  the  indigent  are  to 
be  preferred. 

When  it  is  shown  to  the  satisfaction  of  the  commissioners  that 
persons  found  insane  can  not  at  once  be  admitted  to  the  hospital, 
and  that  they  can  not  with  safety  be  allowed  to  go  at  liberty,  they 
must  require  suitable  provision  to  be  made  for  them  until  admission 
can  be  had,  or  until  the  occasion  therefor  no  longer  exists.  Such 
patients  may  be  cared  for  as  private  patients  when  relatives  or 
friends  obligate  themselves  to  take  care  of  and  provide  for  them 
without  public  charge.  In  such  cases,  the  commissioners  must  ap- 
point a  suitable  person  a  special  custodian,  to  restrain,  protect  and 
care  for  the  patient.  Or  they  may  be  cared  for  as  public  patients, 
in  which  case  the  commissioners  must  place  them  in  charge  of  the 
commissioners  of  the  county  or  overseers  of  the  poor,  at  the  expense 
of  the  county.  For  lack  of  a  poorhouse  for  the  reception  of  such 
patients,  or  if  no  more  suitable  place  can  be  found,  they  may  be 
confined  in  the  county  jail.  Or  the  commissioners  may  require  that 
such  patients  be  taken  to  the  asylum  of  any  state  designated  by  the 
governor,  who  is  authorized  to  arrange  terms  for  this  purpose. 

Persons  alleged  to  be  insane  and  whose  admission  to  the  hospital 
is  not  sought,  may  be  provided  for  as  either  public  or  private  pa- 
tients in  the  county  by  the  commissioners  upon  proof  of  their  in- 
sanity and  need  of  care;  provided,  however,  that  if  any  inmate  of  the 
South  Dakota  Soldiers  Home  is  adjudged  insane,  he  must  be  cared 
for  at  the  hospital  for  the  insane  at  the  expense  of  the  state. 

c.  Voluntary  admission.     Any  person   may  receive   treatment 
at  the  state  hospital  by  subjecting  himself  to  the  custody  and  control 
of  the  superintendent  and  paying  quarterly  in  advance  the  sum  of 
sixteen  dollars  per  month. 

d.  Appeal  from  commitment.     On  a  statement  in  writing,  verified 
by  affidavit,  to  the  county  judge  of  the  county  in  which  the  hospital 
is  situated,  or  of  the  county  in  which  any  person  confined  in  the 
hospital  has  his  legal  settlement,  that  he  is  not  insane,  the  judge  must 
appoint  a  commission  of  not  more  than  three  persons  to  inquire  into 
the  merits  of  the  case,  one  of  whom  must  be  a  physician;  and  another 


229  SOUTH  DAKOTA 

an  attorney,  if  two  or  more  are  appointed.  Their  report  to  the 
judge  must  be  accompanied  by  a  statement  of  the  case  and  signed 
by  the  superintendent.  If  on  such  report  the  county  judge  finds 
the  person  not  insane,  he  must  order  his  discharge;  if  not,  he  must 
authorize  his  continued  detention.  The  cost  of  the  inquiry  is  to  be 
paid  by  the  county  if  the  applicant  is  found  to  be  sane;  if  not,  then 
by  the  applicant.  The  commission  provided  for  may  not  be  re- 
peated oftener  than  once  in  six  months  in  regard  to  the  same  pa- 
tient, and  may  not  be  appointed  within  six  months  of  the  time  of  the 
admission  of  any  patient. 

All  persons  confined  as  insane  are  entitled  to  the  benefit  of  the  J^as  corpus- 
writ  of  habeas  corpus,  and  the  question  of  insanity  must  be  decided 
at  the  hearing.     If  the  judge  decides  that  the  person  is  insane,  the 
decision  is  no  bar  to  the  issuing  of  the  writ  a  second  time,  whenever  it 
shall  be  alleged  that  he  has  been  restored  to  reason. 

e.  Cost  of  commitment.     The  cost  of  committing»an  insane  person  ^Oaj^tby  the 
is  a  charge  upon  the  county  in  which  he  has  a  legal  residence,  but  P-  734. 
the  expense  of  conveying  patients  to  the  hospital  is  paid  out  of  the 
state  treasury,  although  advanced  by  the  county. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

When  a  person  is  to  be  sent  to  the  hospital,  the  superintendent  £^^'1917 
must  send  an  employee,  who  has  had  experience  in  the  care  of  in-ch-26s- 
sane  persons,  to  take  charge  of  him  while  en  route  to  the  hospital. 
The  expense  is  paid  by  the  state.        , 

The  county  judge  may  authorize  a  relative  or  member  of  the  JjJJ^-  Igi? 
family  of  the  insane  person,  or  some  other  person  if  competent  to  do ch-  a6s- 
so  and  the  superintendent  assents,  to  convey  him  to  the  hospital 
for  the  insane.     Female  patients  must  be  accompanied  by  a  female 
attendant. 

5.  TRANSFER   OF  PATIENTS 

Insane  persons  who  have  been  under  care  as  public  or  P^v 
patients  outside  of  the  hospital  by  authority  of  the  commissioners  of  c-  L-6 
any  county,  may  on  application  be  transferred  to  the  hospital, 
whenever  they  can  be  admitted,  without  another  inquest  at  any 
time  within  six  months. 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

Any  patient  who  is  cured  must  immediately  be  discharged  by  the 
superintendent.  The  relatives  of  any  patient  not  susceptible  o 
cure,  and  not  dangerous  to  be  at  large,  have  the  right  to  remove  him 
by  consent  of  the  board  of  charities  and  correction.  On  application 
of  the  relatives  or  immediate  friends  of  any  patient  in  the  hospital 
who  is  not  cured,  and  who  can  not  be  safely  allowed  to  go  at  liberty, 


SOUTH  DAKOTA  230 

the  commissioners  of  insanity  of  the  county  in  which  the  patient 
belongs,  having  made  provision  for  his  care  within  the  county,  may 
authorize  his  discharge  from  the  hospital;  but  no  patient  charged 
with  or  convicted  of  homicide  may  be  discharged  without  the  order 
without86  °^  ^e  board.  When  patients  are  discharged  from  the  hospital 
application.  without  application  therefor,  notice  must  at  once  be  sent  to  the 
commissioners  of  insanity  of  the  county  where  they  belong,  who 
must  have  them  removed,  and  provide  for  their  care  in  the  county, 
unless  the  patients  are  discharged  as  cured.  If  the  commissioners 
fail  to  remove  a  patient  so  discharged  within  thirty  days,  the  county 
in  which  the  patient  belongs  must  pay  at  the  rate  of  two  dollars  per 
day  for  the  support  of  the  patient  at  the  hospital. 

7.  COST  OF  MAINTENANCE 

stateged  to  the     ^e  exPenses  f°r  the  care,  board  and  keeping  pf  patients  in  the 

chT66°f  I9I7>  hospital  for  the  insane  is  paid  by  the  state.     If  the  inmates  are 

able  to  do  so,  they  may  be  required  to  pay  sixteen  dollars  per  month 

into  the  county  treasury.     Non-residents  may  be  received  upon 

payment  of  cost  of  maintenance  in  advance  quarterly  payments. 

8.  CRIMINAL   INSANE 

^raunation       if  a  doubt  arises  as  to  the  sanity  of  a  defendant  to  be  tried  on 
C'pL7J5  indictment  or  brought  up  for  judgment,  the  court  must  order  a  jury 

to  be  impaneled.  If  the  jury  finds  the  defendant  is  insane,  the  trial 
or  judgment  must  be  suspended  until  he  becomes  sane,  and  the  court, 
if  it  deems  his  discharge  dangerbus  to  the  public  peace  or  safety,  may 
order  him  to  be  kept  in  charge  of  the  sheriff  until  sane. 

^  tne  defence  is  insanity,  the  jury  must  state  the  fact  if  they 
acquit  him  on  that  ground;  and  the  court  may,  if  it  considers 
the  discharge  of  the  defendant  dangerous,  commit  him  to  the 
hospital  for  the  insane  until  he  recovers. 

convicts  Whenever  it  appears  to  the  satisfaction  of  the  governor,  by  the 

P.  746.  representations  of  the  warden  of  the  state  prison  and  board  of 
charities  and  correction,  that  a  convict  sentenced  by  any  court  in  the 
state  has  become  insane,  the  governor,  if  he  determines  that  the 
convict  is  insane,  must  order  him  transferred  to  one  of  the  state 
hospitals  for  the  insane,  and  that  upon  recovery,  if  before  the  expira- 
tion of  his  sentence,  he  be  returned  to  the  state  prison. 


231 
TENNESSEE 

Authorities: 

Annotated  Code  of  Tennessee,  1917 
Public  Acts  of  Tennessee,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  board  of  control  consists  of  three  electors  Board  of  con- 

trol. 

one  from  each  grand  division  of  the  state,  appointed  .by  the  gov-  Co^&  2 
ernor,  with  the  advice  of  the  senate.  The  governor  designates  the 
president,  and  the  board  elects  one  member  vice-president  and  the 
other,  fiscal  supervisor.  The  board  appoints  its  secretary  and  other 
employees.  Members  hold  office  for  six  years  but  are  removable 
by  the  governor.  The  salary  of  the  president  is  $4,000;  that  of  the 
other  members,  S3, 600;  actual  official  traveling  expenses  are  al- 
lowed. 

The  members  devote  their  entire  time  to  their  official  duties  and  3"a  68. 
have  all  power  and  authority  necessary  for  the  full  and  efficient 
exercise  of  administrative,  executive,  and  fiscal  supervision  over  all 
the  state  institutions.  The  board  determines  the  number  of  officers 
and  employees  and  fixes  their  salaries.  It  may  discharge  any 
employee.  All  supplies  are  purchased  by  the  board.  Each  in- 
stitution must  be  visited  at  least  once  a  month  by  a  member  of  the 
board.  The  board  reports  annually  to  the  governor. 

Private  institutions  for  the  insane  may  be  established  under  the  ,?rs^|ions 
direct  control  of  a  physician  in  charge,  who  must  be  a  reputable  and.   a6?7a  3- 
licensed  physician,  a  graduate  of  a  recognized  medical  school,  with 
at  least  five  years'  experience  in  treating  insanity.     A  license  must 
be  obtained  from  the  clerk  of  the  county  court  in  which  the  proposed 
institution  is  located.     No  license  may  be  granted  until  the  appli- 
cant delivers  to  the  clerk  a  sworn  statement  of  the  proposed  physician 
in  charge,  showing  that  he  is  properly  qualified. 

b.  Institutional.     There  are  no  local  boards  of  trustees.     Each  Superintend- 

ents. 

state  hospital  is  under  the  executive  management  of  a  superintend- 
ent  appointed  by  the  board  of  control,  subject  to  the  approval  of  the 
governor,  for  a  term  of  four  years,  unless  removed  after  a  hearing  on 
charges.  He  appoints  the  necessary  employees  but  not  more  than 
ten  per  cent  of  the  total  number  may  be  from  the  same  county. 
The  superintendents  are  the  treasurers  of  their  respective  hospitals 
and  must  give  a  surety  bond. 

2.  CARE 

a.  In  state  institutions. 

Central  Hospital  for  the  Insane,  Nashville;  established  1852;  700 
beds. 


TENNESSEE 


232 


County 
asylums. 
1932. 


2616. 
2617. 


Indigents. 
2630. 


Private 
institutions. 
26778  6. 

2<577a  7. 


26778  8. 


26773  10. 


2677*  ii. 


Eastern  Hospital  for  the  Insane,  Bearden;  'established  1886;  620 

beds. 
The  Western  Hospital  for  the  Insane,  Bolivar;  established  1889; 

700  beds. 

b.  In  local  institutions.  Four  counties  maintain  asylums  for  the 
insane  or  insane  departments  in  connection  with  the  almshouses, 
under  the  management  of  the  commissioners  of  the  poor  elected  by 
the  county.  Each  of  the  other  counties  must  maintain  its  own  poor 
asylum,  to  which  the  insane  may  be  admitted  who  can  not  be  cared 
for  at  the  state  hospitals.  The  rulings  of  the  county  commissioners 
in  regard  to  admissions  are  subject  to  revision  by  the  county  court. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons  who  have  legal  citizen- 
ship and  residence  in  the  state  may  be  admitted  to  the  state  hospitals. 

b.  Legal  procedure  in  commitment.     Insane  persons  may  be 
placed  in  a  hospital  by  their  legal  guardians  or  by  their  relatives  or 
friends  in  case  they  have  no  guardians,  or  by  a  justice  of  the  peace, 
upon  proper  proof  of  their  insanity. 

In  order  of  admission,  the  indigent  insane  of  the  state  have  pre- 
cedence of  paying  patients,  and  recent  cases  of  both  classes  have 
precedence  over  those  of  long  standing. 

An  insane  person  may  be  committed  to  a  private  institution  in  the 
same  manner  as  provided  for  the  commitment  of  insane  persons  to 
the  state  or  county  hospitals  for  the  insane.  Or  commitment  may 
be  made  upon  a  petition  to  the  chancery  or  county  court  by  the 
husband,  wife,  child,  parent,  brother,  or  sister,  or  guardian,  or  the 
next  of  kin  of  the  alleged  insane  person,  or  by  the  person  at  whose 
house  the  alleged  insane  person  resides,  and  a  certificate  of  lunacy 
made  by  two  reputable  physicians  of  at  least  two  years'  experience  in 
the  practice  of  medicine,  and  upon  the  order  of  a  judge  of  the  court. 
The  petition  must  contain  a  sworn  statement  of  the  degree  of 
relationship  of  the  alleged  insane  person,  his  color,  sex,  age,  civil 
condition,  occupation,  place  of  residence,  and  duration  of  his  in- 
sanity, the  f^icts  indicating  his  insanity,  and  the  name  of  the  in- 
stitution to  which  it  is  desired  to  have  him  committed.  The  two 
physicians  must  jointly  make  a  final  examination  of  the  alleged 
insane  person  within  ten  days  next  before  the  granting  of  the  order  of 
commitment. 

Neither  of  the  physicians  may  be  a  relative  of  the  person  applying 
for  the  order  of  commitment,  or  of  the  insane  person,  or  be  an  officer 
of  or  be  in  any  way  pecuniarily  interested  in  the  institution  to  which 
commitment  is  sought.  Personal  notice  of  the  application  for  his 
commitment  must  be  served  upon  the  alleged  insane  person  at  least 


233  TENNESSEE 

one  day  before  the  order  is  granted;  but  the,  judge  may  dispense  with 
such  personal  service  upon  the  affidavit  of  the  examining  physicians 
that  it  would  be  detrimental  to  the  patient. 

When  the  condition  of  an  alleged  insane  person  renders  necessary  ^|ggency 
his  immediate  confinement  in  an  institution  for  the  insane,  a  private    2677a  I4< 
institution  may  receive  him  upon  the  petition  and  certificate  of 
lunacy  for  a  period  of  time  not  exceeding  five  days,  and  before  its 
expiration,  an  order  must  be  secured  for  his  regular  commitment. 
In  such  a  case,  the  medical  examiners  must  certify  that  the  person  in 
question  should  immediately  be  confined  in  an  institution  for  the 
insane.  '    , 

Inmates  of  institutions  and  persons  held  for  commitment  proceed-  JJ^JJ™  of 
ings  who  flee  from  the  state  may  be  returned  to  the  state  and  to  the  ^"ifo *f ', 
institution  upon  the  requisition  of  the  governor.     Fugitives  from 
other  states  may  be  returned  upon  the  requisition  of  the  governor  of 
the  state  from  which  the  person  fled. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     An  alleged  insane  person  may  g^^ 
prosecute  an  appeal  or  a  writ  of  error,  in  proper  person,  from  annote»6- 
adverse  judgment  in  a  proceeding  of  inquisition  of  lunacy.     Any 

person  restrained  of  his  liberty  may  prosecute  a  writ  of  habeas  Habeas  corpus, 
corpus,  to  be  granted  by  any  judge. 

e.  Cpst  of  commitment.     The  county  from  which  an  indigent 
person  is  sent  must  pay  the  expense  of  his  transportation  to  and  from 
the  hospital  as  well  as  other  expenses  connected  with  his  commit- 
ment. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  clerk  of  the  county  has  the  duty  of  issuing  a  warrant  to  some 
suitable  person  for  the  conveyance  of  an  insane  patient  to  a  hospital. 

5.  TRANSFER  OF  PATIENTS 

An  insane  person  may  be  transferred  from  the  custody  of  a  state    a677a  l&- 
or  county  asylum  or  hospital  to  the  custody  of  a  private  institution, 
or  vice  versa,  upon  a  certified  copy  of  the  original  order  of  commit- 
ment made  by  the  superintendent  or  physician  in  charge  of  the 
institution  from  which  the  patient  is  transferred. 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

Patients  in  state  hospitals  must  be  removed  whenever,  in  the  P£|$£tiong 
judgment  of  the  superintendent  and  the  board  of  control,  it  may  be    26ait 
judicious  and  proper  for  the  interests  of  the  hospital,  the  patient, 
and  the  community. 

The  physician  in  charge  may  at  any  time  discharge  a  patient  £J5^OM 
committed  to  a  private  institution  as  insane  when,  in  his  opinion,    2627816. 


TENNESSEE 


234 


indited. 
3631. 


the  patient  has  recovered,  or  his  condition  does  not  render  him 
dangerous  to  himself  or  others  if  at  liberty,  or  may  discharge  him  to 
custody  of  a  person  authorized  to  make  the  petition. 

Tne  Physician  in  charge  of  a  private  institution  may  parole  a 
committed  insane  person  to  the  custody  of  a  responsible  relative 
or  friend  for  a  period  not  exceeding  thirty  days.  If  the  patient  is 
returned  to  the  institution  before  the  expiration  of  that  time,  he 
may  be  re-admitted  upon  the  original  order  of  commitment.  Be- 
fore the  expiration  of  this  period  of  thirty  days,  he  may  in  like 
manner  be  admitted  to  any  state  or  county  hospital  or  asylum 
or  other  licensed  private  institution  for  the  insane  upon  a  certified 
copy  of  the  original  order  of  commitment.  If  not  returned  to  the 
custody  of  the  institution  or  admitted  to  some  other  institution 
upon  the  original  order,  he  must  be  discharged  at  the  expiration  of  his 
period  of  parole. 

7.  COST  OF  MAINTENANCE 

The  county  from  which  an  indigent  patient  is  sent  must  pay  the 
cost  of  his  maintenance  at  the  hospital  and  provide  the  necessary 
clothing. 

When  a  person  committed  to  the  hospitals  for  the  insane  has 
estate,  the  income  of  which  is  insufficient  to  pay  for  his  support  at 
the  hospital,  the  same  may  be  appropriated  toward  the  payment  for 
his  support;  provided,  that  the  patient  has  no  family  or  dependents. 

-pjjg  county  court  clerks  of  the  various  counties  are  required  to 
report  to  the  superintendents  of  the  several  hospitals  for  the  insane 
the  names  and  amounts  in  value  of  the  estates  belonging  to  insane 
persons  who  have  been  committed. 

8.  CRIMINAL  INSANE 

A  court  if  satisfied  that  a  person  indicted  for  a  criminal  offense  has 
been  insane  for  four  successive  terms  may  discharge  him  upon 
recognizance  of  sufficient  sureties  for  his  appearance  at  the  next  term, 
and  may  renew  this  recognizance  from  term  to  term  so  long  as  the 
defendant  continues  insane. 

If  in  behalf  of  a  person  not  previously  known  to  be  insane  who  is 
charged  with  a  criminal  offense  punishable  by  imprisonment  in  the 
penitentiary  or  death,  the  plea  of  insanity  is  urged,  the  court  must 
charge  the  jury  that  if  they  believe  the  defendant  to  be  insane,  they 
shall  so  find,  and  he  shall  be  committed  to  a  hospital.  The  powers 
of  courts  to  commit  to  the  hospital  for  the  insane  do  not  extend  to 
insane  persons  arraigned  for  felonious  assaults  or  misdemeanors  only, 
or  to  those  who  may  be  admissible  to  the  hospitals  for  the  insane 
under  the  general  laws  of  commitment. 


235  TENNESSEE 

When,  in  the  opinion  of  the  board  of  control  and  superintendent,  J 
a  patient  committed  as  criminal  insane  has  recovered,  they  niust 
deliver  him  to  the  jailor  of  Davidson  county  for  safe-keeping,  and 
notify  the  clerk  of  the  county  in  which  he  was  arraigned  of  the  fact. 
If,  at  the  next  term  of  the  court,  the  district  attorney  wish  further  to 
prosecute  such  person,  he  must  be  delivered  to  the  jailor  of  the 
county  in  which  he  was  arraigned. 


236 
TEXAS 

Authorities : 

Vernon's  Sayle's  Texas  Civil  Statutes,  1914 
Laws  of  Texas,  1917 

i.  ADMINISTRATION  AND   SUPERVISION 

a.  General.     There  is  no  state  board  having  general  control  or 
supervision  of  the  insane  or  of  the  institutions  in  which  they  are 
kept. 

b.  Institutional.     The  general  control,  management  and  direction 
°^  *ke  an?aifs  °f  tne  Texas  hospitals  for  the  insane  are  vested  in 
boards  of  managers,  each  hospital  having  its  own  board  consisting  of 

'oo.  six  members,  appointed  by  the  governor  for  terms  of  six  years. 

The  board  of  managers  has  power  to  make  all  necessary  by-laws 

"3.  and  regulations  for  the  institution  and  its  inmates;  to  elect  a  super- 

intendent; to  make  all  other  appointments  on, the  nomination  of  the 
superintendent;  to  determine  salaries  and  wages,  to  discharge  upon 
the  recommendation  of  the  superintendent  any  officer  or  employee  or 
patient,  etc. 

superintendent.     The  superintendent  must  be  a  married  man,  a  skillful  physican 
and  experienced  in  treating  cases  of  insanity. 

2.  CARE 

a.  In  state  institutions. 

State  Lunatic  Asylum,  Austin;  established  1857;  1,680  beds. 

North  Texas  Hospital  for  the  Insane,  Terrell;  established  1885;  1,900 

beds. 
Southwestern  Insane  Asylum,  San  Antonio;  established  1891;  2,000 

beds. 

The  1917  session  of  the  legislature  provided  for  the  establishment 
of  the  Northwest  Texas  Insane  Asylum  and  for  the  establishment  of 
an  Asylum  for  the  Negro  Insane  at  Rush. 

b.  In  local  institutions.     In  counties  having  almshouses  the  in- 
sane who  can  not  be  admitted  to  the  state  hospitals  may  be  cared 
for  in  them.     The  county  commissioners  have  responsibility  for 
such  case^  and  manage  the  almshouses. 

3.  COMMITMENT 

Privatean^  ftt  Persons  committed.  All  persons  who  have  been  judged  insane 

tients.  by  a  court  of  competent  jurisdiction  (public  patients)  are  entitled  to 

admission  to  the  state  hospitals.  Persons  certified  to  be  insane  by 
***'  some  reputable  physician  in  accordance  with  law  (private  patients) 

may  be  admitted.     Idiots  who  can  safely  be  kept  in  the  county  in 


237  TEXAS 

which  they  belong  and  persons  suffering  from  an  infectious  or 
contagious  disease  are  excluded  from  the  hospitals. 

b.  Legal  procedure  in  commitment.     Before  any  person  can 
received  at  a  hospital  as  a  patient,  the  parent  or  legal  guardian  of 
such  person  or  some  near  relative  or  other  person  interested  must 
present  a  written  request  to  the  superintendent,  giving  such  particu- 
lars as  may  be  required.     The  request  must  be  under  oath  and  ac- 
companied by  an  affidavit  of  the  examining  physician  showing  that 
he  has  made  a  careful  examination  of  the  patient,  and  thoroughly 
believes  him  to  be  insane,  and  by  a  certificate  from  the  county  judge 
of  the  county  where  the  alleged  insane  person  resides.     A  complete 
history  of  the  patient  must  be  forwarded  to  the  medical  superintend- 
ent with  the  application  for  admission. 

If  an  affidavit  be  filed  with  any  county  judge  or  justice  of  the  peace  Affidavit, 
that  any  person  in  the  county  needs  to  be  placed  under  restraint 
because  of  insanity  and  the  judge  believes  the  statement  true,  the 
county  judge  sets  a  hearing  of  the  case  before  a  commission  of  six  I52- 
men,  as  many  as  possible  of  whom  shall  be  physicians,  and  depending 
upon  the  population  from  one  to  six  must  be  physicians.  (This 
provision  requiring  that  physicians  sit  on  trtie  commissions  has  been 
declared  unconstitutional  by  certain  county  judges  but  is  observed 
in  most  parts  of  the  state.)  The  affiant  of  the  affidavit  is  repre- 
sented by  the  county  attorney  and  the  respondent  must  be  repre- 
sented by  counsel  secured  by  himself  or  appointed  by  the  judge. 
The  various  issues  to  be  submitted  to  the  commission  are  minutely 
specified,  and  relate  not  only  to  the  question  of  the  defendant's 
sanity  or  insanity,  but  to  his  age,  nativity,  the  character  of  attacks 
and  their  duration,  whether  insanity  is  hereditary  in  his  family, 
whether  the  defendant  is  possessed  of  any  estate,  and  whether  there 
are  any  persons  legally  liable  for  his  support.  Upon  the  return 
a  majority  report  that  the  respondent  is  of  unsound  mind  and 
should  be  placed  under  treatment  and  restraint,  the  county  judge 
must  pronounce  judgment  in  the  presence  of  the  respondent  and 
order  him  conveyed  to  one  of  the  lunatic  asylums.  The  judge  shall 
then  ascertain  if  there  is  a  vacancy. 

If  accommodations  can  not  be  provided  for  all  persons  for  whom 
application  has  been  made,  preference  must  be  given  in  all  instances 
to  public  over  private  patients,  and  of  the  former  class,  to  cases  of 
less  than  one  year's  duration  over  chronic  cases.  No  private  patient 
may  be  admitted  during  the  pendency  of  an  application  by  a  public 
patient. 

c.  Voluntary  admission 

d.  Appeal  from  commitment. 


by  the 
county. 


TEXAS  238 

e*  ^ost  °*  commitment.  The  cost  of  commitment  and  of  trans- 
porting  an  insane  person  to  a  hospital  is  paid  by  the  county  from 
which  he  is  sent  unless  he  has  sufficient  estate  to  bear  the  expense. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

Upon  the  warrant  of  the  county  judge,  the  sheriff  or  some  other 
suitable  person  must  convey  him  to  the  hospital. 

A  female  patient  must  be  accompanied  by  a  woman  or  by  her 
husband,  father,  brother,  son,  uncle  or  nephew. 

5.  TRANSFER  OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

^  patients,  except  those  charged  with  or  convicted  of  some  of- 
board.  fense  and  adjudged  insane,  may  be  discharged  from  a  hospital  at  any 

'  time  upon  the  recommendation  of  the  superintendent  approved  by 
the  board  of  managers.  Any  patient  coming  within  the  above  ex- 
ception may  only  be  discharged  upon  order  of  the  court  by  which  he 
was  committed. 

7.  COST  OF  MAINTENANCE 

Public  patients.     All  indigent  public  patients  are  maintained  at  the  expense  of  the 

state.     All  public  patients  not  indigent  must  be  maintained  at  the 

J38-  expense  of  the  state  in  the  first  instance,  but  in  such  cases  the  state  is 

entitled  to  proper  reimbursement. 

"41.  The  commissioners  court  has  power  to  provide  for  the  support  of 

idiots  and  lunatics  who  can  not  be  admitted  into  the  lunatic  asylum, 
residents  of  their  county,  who  are  unable  to  support  themselves. 
By  the  term  resident  as  used  herein,  is  meant  a  person  who  has  been 
a  bona  fide  inhabitant  of  the  county  not  less  than  six  months  and  of 
the  state  not  less  than  one  year. 

8.  CRIMINAL  INSANE 

wmmitoent         ^he  Process  °f  commitment  is  the  same  as  for  an  insane  person  not 
I6s-  a  convict  (Section  3,  b)  except  that  when  the  person  is  confined  in 

the  state  penitentiary  all  proceedings  and  hearings  must  be  held 

there. 
144.  When  a  convict  is  discharged  from  a  state  penitentiary,  and  is 

insane  at  the  time  of  his  discharge,  and  is  so  adjudged  by  a  competent 

court  within  thirty  days,  he  must  be  conveyed  to  one  of  the  hospitals 

for  the  insane,  at  the  expense  of  the  state. 


239 
UTAH 

Authority: 

Compiled  Laws  of  Utah,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  board  of  insanity,  consisting  of  the  governor, 
state  treasurer  and  auditor,  has  the  supervision  and  control  of  all 
insane  persons  in  the  state,  whether  they  reside  in  the  hospital  or    5390. 
some  other  place. 

The  board  of  insanity  has  the  general  control  and  management    S38p' 
of  the  affairs  of  the  state  mental  hospital.     It  is  required  to  hold 
monthly  meetings  at  the  hospital  and  must  make  a  careful  inspection 
of  the  institution  at  least  once  in  three  months. 

b.  Institutional.     There  is  no  local  board  of  trustees.     The  med- 
ical  superintendent,  who  is  appointed  by  the  state  board  of  insanity, 
must  be  a  well-educated,  experienced  physician  who  has  practiced 
five  years.     With  the  approval  of  the  board,  he  appoints  all  attend- 
ants and  employees,  fixes   their  compensation  and  has  power  to 
remove  them. 

2.  CARE 

a.  In  state  institutions. 

State  Mental  Hospital,  Provo;  established  1885;  500  beds. 

b.  In  local  institutions.     The  county  commissioners,  who  are 
the  overseers  of  the  poor,  are  bound  to  provide  for  such  insane  as 
may  not  be  received  at  the  hospital  and  may  care  for  them  at  poor 
farms  or  other  institutions. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  persons  who  are  residents  of    5405. 
the  state  are  entitled  to  admission  to  the  hospital,  also  feeble-    5384. 
minded  and  noninsane  epileptics  capable  of  mental  improvement, 

but  other  feebleminded,  a  purely  senile  dement,  a  person  in  an 
unconscious  condition,  an  infant,  a  child  under  ten  years  of  age,  and 
a  person  suffering  from  a  contagious  or  infectious  disease  are  not 
admitted. 

b.  Legal  procedure  in  commitment.     Application  for  admission  of  ^fj^081 
patients  must  be  made  to  the  judges  of  the  district  courts,  except  in    5398. 
cases  otherwise  provided  for.     In  the  absence  of  a  district  judge, 

the  judge  of  any  other  district  may  act  upon  the  application  at  the 
written  request  of  the  clerk  of  the  district  court  of  the  county  wherein 
the  alleged  insane  person  resides,  or  the  chairman,  of  the  board  of 
county  commissioners  may  so  act. 


UTAH 


240 


Form  of 

applicatic 

5400. 


Judicial 

hearing. 

540i. 


Certificate 
of  physicians. 
5403. 


Commitment 
of  non- 
residents. 
5412. 


The  application  for  admission  to  the  hospital  must  be  in  the  form 
of  an  information,  properly  verified,  alleging  the  person  for  whom 
application  is  made  to  be  insane,  and  a  proper  person  for  care  and 
treatment,  and  stating  facts  in  regard  to  his  residence,  etc. 

The  district  judge  of  the  county  may  examine  the  informant 
under  oath  and  require  the  person  for  whom  admission  is  sought  to 
be  brought  before  him.  If  satisfied  that  there  is  reasonable  cause,  a 
hearing  must  be  had,  and  the  district  attorney  notified.  Any  citizen 
of  the  county  or  any  relative  or  a  friend  of  the  person  for  whom  ap- 
plication is  made  may  resist  the  application,  and  may  appear  by 
counsel.  The  district  attorney  must  represent  the  state  in  such 
examination.  The  judge  must  summon  two  practicing  physicians 
before  whom  the  examination  is  to  be  conducted. 

The  physicians  must  certify  under  oath  whether  or  not  the  person 
is  insane,  whether  the  case  is  of  recent  or  curable  character,  whether 
the  person  has  a  homicidal,  suicidal  or  incendiary  mania.  They 
must  also  obtain  from  others  correct  answers  to  the  interrogatories  of 
the  certificate  as  prescribed  by  law.  If  the  judge  upon  the  conclu- 
sion of  his  investigation  finds  the  person  insane,  and  one  who  ought 
to  receive  care  and  treatment  at  the  hospital,  he  must  order  his 
commitment. 

When  discrimination  in  reception  of  patients  is  necessary,  they 
take  precedence  in  the  following  order:  1,  cases  of  less  than  one 
year's  duration;  2,  chronic  cases  of  more  than  one  year's  duration 
presenting  the  most  favorable  prospects  for  recovery;  3,  those  for 
whom  application  has  been  longest  on  file.  When  cases  are  equally 
meritorious,  indigent  patients  are  to  be  preferred.  . 

When  notified  by  the  board  of  insanity  or  the  superintendent  of 
the  hospital  that  a  person  committed  to  the  hospital  can  not  be 
received  for  want  of  room,  the  board  of  county  commissioners  must 
provide  suitably  for  him  until  admission  can  be  had,  or  the  occasion 
for  it  no  longer  exists. 

Nonresidents  of  Utah,  conveyed  to  or  coming  into  the  state,  may, 
upon  the  written  recommendation  of  the  board  of  county  commis- 
sioners, be  returned  by  the  board  of  insanity  to  their  homes  or 
friends,  and  must  not  be  permitted  to  be  supported  in  the  hospital. 
But  persons  stricken  with  insanity  while  traveling  through  or 
temporarily  sojourning  in  the  state  may  be  committed  to  and  cared 
for  temporarily  in  the  hospital. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     Upon  an  affidavit  or  other  evidence 
that  a  patient  in  the  hospital  is  not  insane  or  not  a  proper  person 
to  be  cared  for  at  the  hospital,  the  board  of  insanity  must  ask  in- 
quiry by  the  district  judge  of  the  district  in  which  the  patient  is 


241  UTAH 

held.  If  the  patient  is  found  to  be  sane,  he  must  be  discharged; 
if  not,  the  judge  must  order  his  continued  detention,  and  may  order 
the  parties  demanding  the  inquiry  to  pay  its  cost. 

e.  Cost  of  commitment.     The  cost  of  commitment  is  paid  by  the    S4«. 
county  from  which  the  patient  was  sent  unless  he  has  estate  suffi- 
cient to  pay  the  same. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  sheriff  or  other  person  appointed  to  execute  the  warrant  of  the    MOS- 
district  judge  must  convey  the  patient  to  the  hospital  and  deliver 
him,  together  with  the  copies  of  information,  physicians'  certificates 
and  warrant,  to  the  superintendent  of  the  hospital.     No  f emale  j^Sfdant 
may  be  taken  to  the  hospital  without  the  attendance  of  some  other    54". 
female  or  relative.     If  any  relative  or  immediate  friend,  who  is 
suitable,  shall  request,  he  has  the  privilege  of  executing  the  warrant 
in  preference  to  the  sheriff. 

5.  TRANSFER   OF   PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

By  order  of  the  judge  of  the  district  court  issuing  the  commit-  **££ court- 
ment,  a  patient  may  be  returned  to  his  relatives  or  friends.     Applica- 
tion must  be  made  to  the  judge,  and  satisfactory  evidence  produced 
that  the  patient  will  be  given  proper  care.     The  applicants  must 
give  bonds  to  the  district  court  of  the  county.     If  subsequently  it  is  Bond  required, 
brought  to  the  knowledge  of  the  judge  that  a  person  thus  removed 
from  the  hospital  is  not  properly  cared  for  or  is  not  fit  to  be  at 
liberty,  he  may  order  the  return  of  such  person  to  the  hospital;  but 
no  patient  under  a  criminal  charge  or  conviction  may  be  discharged 
from  the  hospital  without  the  order  of  the  court  having  jurisdiction 
of  the  case.     If  it  appear  upon  sufficient  evidence  that  any  patient    MIS. 
in  the  hospital  is  not  insane  or  is  unjustly  deprived  of  his  liberty  or  is 
not  one  who  should  receive  care  and  treatment  in  the  hospital,  the 
board  of  insanity  must  request  immediate  inquiry  by  the  district 
judge  who  may  order  his  immediate  discharge. 

When  it  becomes  necessary  for  want  of  room  or  other  cause  to By*^ board- 
remove  any  patient,  the  superintendent  must  give  notice  to  that 
effect  to  the  several  clerks  of  the  district  courts.     Only  harmless  and 
incurable  patients  may  be  removed  by  the  board  of  insanity.' 

7.  COST   OF   MAINTENANCE 

The  state  pays  the  cost  of  maintaining  all  indigent  patients.     In    5410. 
case  a  patient  has  sufficient  means  to  pay  any  part  of  the  cost  of    5408. 
maintenance  at  the  hospital,  the  judge  must  appoint  a  guardian    5853. 
for  him.     The  immediate  relatives  of  an  insane  person  are  liable 
for  his  support. 


UTAH 


242 


Recovery  for 
support. 
5417. 


Persons  ex- 
cused from 
crime. 
9328. 


9329. 
Commitment. 


Expense  of 
examination. 
9335. 


Provision  is  made  for  the  reimbursement  to  the  state  from  the 
estate  of  persons  declared  insane  and  for  the  recovery  of  expenses  of 
commitment  and  support  in  the  case  of  nonindigent  persons,  for 
the  appointment  of  a  guardian  under  bond  in  the  case  of  nonindigent 
insane  who  are  committed,  and  for  recovery  from  persons  liable  for 
the  support  of  an  insane  relative. 

8.  CRIMINAL  INSANE 

When  a  person  charged  with  crime  has  escaped  indictment  or  been 
acquitted  on  trial  by  reason  of  insanity,  or  when  a  person  during 
trial  or  while  confined  as  a  criminal  in  the  state  prison  or  a  county 
jail  becomes  insane,  the  district  judge  of  the  bounty  must  act  in  the 
case  and  may  submit  the  matter  to  a  jury. 

If  the  jury  find  the  defendant  insane,  he  must  be  committed  to  the 
state  mental  hospital,  provided,  the  court  deems  his  freedom  a 
menace  to  public  quietude.  Proceedings  against  the  defendant 
must  be  suspended  until  he  becomes  sane. 

A  person  thus  committed  must  be  detained  at  the  hospital  until 
he  becomes  sane.  If  then  his  sentence  has  expired,  he  must  be 
restored  to  liberty.  Otherwise,  the  superintendent  must  give 
notice  of  his  recovery  to  the  sheriff  of  the  county  from  which  he 
was  sent,  who  must  place  him  in  proper  custody  until  he  is  brought  to 
trial  or  judgment,  or  return  him  to  prison  to  serve  out  the  remainder 
of  his  term.  The  time  of  his  confinement  in  the  state  mental  hospital 
must  be  deducted  from  his  term. 

The  expenses  of  the  examination  and  sending  of  such  persons, 
except  convicts  in  the  state  prison,  to  and  from  the  state  mental" 
hospital,  are  chargeable  to  the  county  from  which  they  have  been 
sent.  But  the  county  may  recover  from  their  estates,  or  from  a 
relative  legally  bound  to  care  for  them,  or  from  the  county  of  which 
they  may  be  resident.  In  the  case  of  an  indigent  insane  convict,  the 
costs  are  borne  by  the  state. 


243 


VERMONT 

Authorities: 

Public  Statutes  of  Vermont,  1906 

Laws  of  Vermont,  1908,  1910,  1912,  1915,  1917 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  board  of  control  consists  of  the  governor,  state  *™£>Lf 
treasurer,  auditor  of  accounts,  director  of  state  institutions  and  a^ws°fl 
person  appointed  by  the  governor  with  the  consent  of  the  senate  for  a    »• 
term  of  two  years.     The  members  receive  their  expenses  while 
engaged  in  official  business,  except  the  member  appointed  by  the 
governor  who  receives  in  addition  eight  dollars  a  day  for  the  actual 
time  spent  in  his  official  capacity. 

The  board  has  power  to  examine  each  institution  of  the  state  and    4« 8- 
require  monthly  reports  from  them.     If  the  money  appropriated 
for  the  support  of  the  institution  is  not  being  properly  expended, 
further  expenditure  may  be  prohibited. 

The  board  must  hold  monthly  meetings  at  the  capitol  or  else- 
where, and  must  annually  or  as  often  as  deemed  proper  visit  each 
institution  under  its  control,  inspect  the  management  and  hear 
complaints  of  the  inmates  and  direct  changes  which  must  be  made 
by  the  director  of  state  institutions.  The  board  must  report 
biennially  to  the  legislature. 

The  governor  may  appoint  a  woman  to  accompany  the  board  upon  woman  vi 
its  visits  for  the  purpose  of  inspecting  and  investigating  the  care 
of  female  inmates.     The  woman  visitor  receives  five  dollars  a  day 
and  expenses  while  visiting  institutions. 

The  director  of  state  institutions,  who  is  appointed  by  the  gov- 
ernor  with  the  consent  of  the  senate  for  a  term  of  two  years,  has  the£°onsjis 
general  care,  control  and  management  of  all  the  state  institutions, 
including  the  hospital  for  the  insane.     All  the  powers,  duties  and 
liabilities  of  the  former  boards  of  trustees  of  the  various  state 
institutions  are  imposed  upon  him.     He  receives  a  salary  of  $3,000 
a  year  and  expenses,  and  devotes  his  entire  time  to  the  duties  of  his 
office.     The  director  makes  all  needful  rules  and  regulations  for  the  {f0w|°f  I9"' 
government  of  the  institutions,  employs  and  removes  at  pleasure  jj*w|°f  I9IS* 
all  physicians,  teachers,  clerks  and  employees,  and  fixes  their  com- 
pensation.     He  must  visit  the  institutions  as  often  as  once  a 
month  and  must  make  a  yearly  investigation  of  their  accounts 
and  report  biennially  to  the  governor. 

b.  Institutional.     There  are  no  local  boards  of  trustees. 


VERMONT 


244 


2.  CARE 

a.  In  state  institutions. 

Vermont  State  Hospital  for  the  Insane,  Waterbury;  established 

1888;  700  beds. 

The  state  also  supports  patients  in  a  hospital  under  private 
management:  Brattleboro  Retreat,  Brattleboro;  established  1834; 
400  beds. 

b.  In  local  institutions.     Insane  persons  who  can  not  be  cared 
for  in  the  hospitals  may  be  kept  at  almshouses  under  the  charge  of 
the  overseers  of  the  poor  of  the  town. 


Certificate  of 
insanity. 

P.  S. 

3753- 


3754- 
3755- 


3756. 


Commitment 
on  order  or 
sentence  of 
court. 
3760. 

Superintendent 
may  receive. 
3764. 


Review  of 

the  case. 

5757- 


3.  COMMITMENT 

a.  Persons   committed.     All   insane   persons,    residents   of   the 
state  are  entitled  to  admission  to  the  hospitals  for  the  insane,  except 
idiots  and  demented  persons  when  they  are  not  dangerous. 

b.  Legal  procedure  in  commitment.     Admission  to  a  hospital 
for  the  insane  as  a  patient  or  inmate  is  upon   a  certificate  of 
insanity  made  by  two  legally  qualified    physicians,  residents    of 
the  state.     The  physicians  must  not  be  members  of  the  same  firm, 
officers  of  a  hospital  for  the  insane  in  this  state,  nor  members  of  the 
board  of  control.     The  physicians  must  make  oath  to  the  certificate 
before  a  magistrate,  who  must  append  his  jurat,  and  certify  that  said 
physicians  are  of  unquestionable  integrity  and  skill.     The  certificate 
must  not  be  made  more  than  ten  days  before  the  admission  of  the  in- 
sane person  to  the  hospital  for  the  insane,  unless  a  longer  time  is  re- 
quired to   dispose  of  an  appeal  taken  from  the  decision  of  the 
physicians.     The  physicians  are  required  to  examine  the  supposed 
insane  person  not  more  than  five  days  previous  to  making  the  cer- 
tificate; and  a  physician  who  signs  a  certificate  without  making  a 
previous  examination  shall,  if  the  person  is  admitted  to  a  hospital 
for  the  insane  upon  the  certificate,  be  imprisoned  not  more  than 
two  years  or  fined  not  more  than  $1,000,  or  both. 

A  person  may  be  received  into  a  hospital  for  the  insane  pursuant 
to  an  order  or  sentence  of  the  supreme  or  county  court  without  the 
physicians'  certificate. 

c.  Voluntary  admission.     The  superintendent  of  a  hospital  for 
the  insane  may  receive  as  a  voluntary  patient,  a  person  who  seeks 
treatment  and  makes  written  application  without  a  certificate  of  two 
physicians.     He  may  not  be  detained  after  having  given  48  hours' 
notice  in  writing  that  he  desires  to  leave  the  institution. 

d.  Appeal  from  commitment.     The  next  friend  or  relative  of  a 
person  whose  insanity  is  so  certified  may  appeal  from  the  decision 
of  the  physicians  to  the  state  board  of  control  for  a  review  of  the 


245  VERMONT 

case.     An  alleged  insane  person  may  not  be  received  in  a  hospital  for 
the  insane  while  an  appeal  is  pending  before  the  board  of  control. 

e.  Cost  of  commitment.     The   costs   of  the   examination  and    3720. 
removal  of  an  insane  person  are  chargeable  to  the  town  of  his  resi- 
dence when  the  town  authorities  seek  his  commitment. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

5.  TRANSFER  OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

The  board  of  control  may  discharge  conditionally  an  incurable  ^^^°"^T 
insane  person  from  a  hospital,  subject  to  revocation.     It  may  dis- Int3e°4d6ent- 
charge  any  person  wrongfully  confined  or  so  far  sane  as  to  warrant    37g7- 
discharge,  but  not  without  giving  the  superintendent  opportunity 
to  be  heard. 

The  superintendent  of  the  state  hospital  or  of  the  Brattleboro 
Retreat  may  grant  a  furlough  of  not  exceeding  thirty  days  to  any 
patient  or  inmate  under  his  charge  supported  in  whole  or  in  part 
by  the  state,  and  may  extend  it  in  his  discretion,  not  exceeding 
thirty  days  in  the  aggregate. 

7.  COST  OF  MAINTENANCE 

Insane  persons  in  a  town,  destitute  of  means  of  support,  and  hav- 
ing  no  relatives  in  the  state  bound  by  law  to  support  them,  are  %£"?£ lpl7 
supported  by  the  state  while  in  a  hospital  for  the  insane.     On  ap-p-3^i6 
plication  of  the  overseer  of  the  poor  of  such  town,  the  selectmen  j£^sx°f  I9I7 
or  the  county  auditor  upon  his  own  motion  must  ascertain  whether 
the  insane  person  is  liable  to  be  supported  by -the  state,  and  may 
institute  a  court  of  inquiry  before  the  judge  of  probate.     The1*-8^ 
inquiry  must  be  attended  by  the  state's  attorney  of  the  county  for 
the  protection  of  the  interests  of  the  state. 

When  a  person  is  lawfully  discharged  from  a  hospital  or  the  ^w™* ot 
Retreat,  the  town  causing  his  commitment  must  take  charge  of  and  discharged, 
support  him. 

No  patient  may  be  supported  in  the  state  hospital  or  the  Retreat  ^^ in 
entirely  at  the  expense  of  the  state  unless  he  is  removed  upon  the    3733- 
order  of  a  judge  of  probate,  or  from  the  state  prison  or  house  of 
correction,  or  upon  the  order  or  sentence  of  the  supreme  or  county 
court. 

8.  CRIMINAL   INSANE 

A  county  judge,  if  satisfied  that  a  plea  of  insanity  will  be  made  in 
behalf  of  a  person  indicted  for  a  criminal  offense,  may  order  him 
to  be  detained  at  the  state  hospital  till  the  truth  of  the  plea  can  be 
ascertained. 


VERMONT  246 

When  an  indictment  is  not  found  or  a  person  is  acquitted  of  a 
criminal  charge  on  the  ground  of  insanity,  the  court  may  commit  the 
person  to  the  county  jail  or  to  the  state  hospital.  He  may  be 
discharged  only  on  the  order  of  the  county  court  by  which  he  was 
committed. 

^ne  suPermtendent  of  the  state  hospital  must  receive  all  insane 
criminals  ordered  committed,  for  whom  separate  accommodations 
are  provided.  A  person  confined  in  the  state  prison  or  house  of 
correction  or  a  county  jail  for  a  specified  time,  or  for  life,  who 
becomes  insane  may  be  removed  to  the  Vermont  State  Hospital  for 
the  Insane  only  upon  the  order  of  the  governor  after  expert  examina- 
tion as  to  his  insanity,  to  remain  until  the  expiration  of  the  term  for 

6o6a.  which  he  was  committed.     If  he  becomes  sane  before  its  expication, 

he  must,  upon  the  order  of  the  governor,  be  returned  to  the  institu- 
tion to  which  he  was  originally  committed  and  confined  there  for 

6064.  the  remainder  of  such  term.     A  prisoner  who,  at  the  expiration  of  his 

term  of  confinement,  remains  insane,  may  be  removed  to  the  state 
hospital;  or  if  already  there,  may  remain,  at  the  expense  of  the  state, 
until  his  residence  is  ascertained  or  some  relative  is  ordered  by  the 
proper  court  to  furnish  his  maintenance. 


247 
VIRGINIA 

Authorities  : 

Code  of  Virginia,  1904 

Supplement  to  Code  of  Virginia,  1910 

Laws  of  1911,  1916 

i.  ADMINISTRATION   AND   SUPERVISION 
a.  General.     The   state   board   of   charities   and   correction   is  B,°ar.£  of    . 

chanties  and 


composed  of  five  members,  appointed  by  the  governor  for  terms 
five  years,  subject  to  removal  by  him  for  cause.     Failure  to  attend  p-  797- 
at  least  one  meeting  during  the  year,  unless  excused,  may  be  con-    3- 
strued  by  the  governor  as  a  resignation  of  the  non-attending  member. 

The  duties  of  the  board  are  strictly  visitorial  and  advisory,  with-  8- 
out  administration  or  executive  powers.  It  must  visit  as  a  whole, 
or  by  a  committee  or  by  its  secretary,  all  state,  county,  municipal 
and  private  charitable  and  correctional  institutions  at  least  once  a 
year,  but  the  hospitals  for  the  insane  must  be  visited  as  often  as 
once  in  six  months  and  by  at  least  two  members  of  the  board. 

The  board  appoints  an  executive  secretary  and  an  assistant,  and  Laws  of  I9l6- 
their  salaries  are  fixed  by  the  legislature. 

Every  superintendent  of  a  hospital  must  make  a  quarterly  report  SUPP-  P-  w- 
to  the  board  in  such  form  as  it  may  prescribe,  and  also  to  the 
auditor    of    public    accounts,    regarding    financial    matters.     TheLaws  of  IJ)l6- 
board  must  collect  and  publish  statistics  in  regard  to  the  defective 
classes  both  in  and  out  of  institutions  and  make  an  annual  report  SUPP-  P-  7»7- 
to  the  governor. 

b.  Institutional.     Each  of  the  hospitals  for  the  insane  has  a  special  f£*^rgf 
board  of  directors  consisting  of  three  members,  appointed  by  the00^ 
governor  for  terms  of  six  years.     The  directors  of  the  special  boards    1662. 
constitute  a  general  board  of  directors  for  all  the  hospitals.     The 
ex-officio  chairman  of  the  general  and  special  boards  of  directors  is 
the  commissioner  of  hospitals,  appointed  by  the  governor  for  four 
years.     The  members  of  the  boards  receive  no  compensation.     The  L»W«  of  1916. 
commissioner  receives  a  salary  of  $2,500  a  year  and  $500  for  trav- 
eling expenses. 

The  commissioner  is  responsible  for  the  proper  disbursement 
all  moneys  appropriated  or  received  for  the  maintenance  of  the  J^"1*1 
hospitals.     He  must  be  a  skilled  accountant  and  is  required  to  es-    l664- 
tablish  at  all  the  hospitals  a  uniform  system  of  keeping  records  and 
accounts,  and  to  make  annually  to  the  governor  a  complete  record 
of  the  business  affairs  of  each  hospital,  with  estimates  of  moneys 
needed,  and  recommendations  for  the  improvement  of  the  hospitals 
and  their  management. 


VIRGINIA 


248 


Each  special  board  of  directors  is  required  to  hold  twelve  regular 
meetings  at  the  respective  hospitals  during  the  year.  The  general 
board  of  directors  during  each  year  holds  one  regular  meeting  at 
each  hospital  for  the  insane.  The  general  board  of  directors,  con- 
stituted for  the  control  and  management  of  all  the  state  hospitals, 
Superintend-  appoints  for  each  hospital  for  a  term  of  four  years  a  superintendent 
who  must  be  a  skilled  physician,  and  who  is  removable  by  the  board 
for  cause.  The  special  board  of  each  hospital,  subject  to  the  ap- 
proval of  the  general  board,  appoints  for  terms  of  four  years  other 
resident  officers.  Each  special  board  is  required  to  make  an  annual 
report  to  the  governor  in  regard  to  the  hospital  under  its  manage- 
ment. The  superintendent  of  each  hospital  appoints  ill  employees 
and  some  resident  officers,  may  remove  them  and  fixes  their  com- 
pensation, subject  to  the  approval  of  his  special  board. 

2.  CARE 

a.  In  state  institutions. 

Eastern  State  Hospital,  Williamsburg;  established  1768;  755  beds. 
Western  State  Hospital,  Staunton;  established  1828;  1,200  beds. 
Central  State  Hospital,  Petersburg;  established  1869;  1,800  beds  (for 

negro  insane). 
Southwestern  State  Hospital,  Marion;  established  1887;  720  beds. 

b.  In  local  institutions.     Insane  persons  who  can  not  be  received 
into  the  state  hospitals  may  be  provided  for  in  the  county  poor- 
houses,  which  are  under  the  management  of  the  boards  of  county 
supervisors.     The  overseers  of  the  poor  of  each  county  or  the  council 
of  a  town  are  charged  with  the  relief  of  the'  poor,  including  the 
insane.     (All  insane  are  now  provided  for  in  the  state  hospitals.) 


Admission  of 
pay    patients. 
1677. 


1678. 


3.  COMMITMENT 

a.  Persons  committed.  All  legal  residents  of  the  state,  who  are 
insane,  not  idiots,  are  entitled  to  admission  to  the  hospitals  for  the 
insane. 

The  examining  board  may  receive  any  person  for  whom  applica- 
tion is  made  for  admission  to  a  hospital  if  the  person  making  it 
executes  an  obligation,  with  sufficient  surety  for  the  payment  of  the 
cost  of  maintenance  and  care  of  the  insane  person  and  other  neces- 
sary expenses.  But  no  non-resident  insane  person  may  be  admitted 
or  retained  in  any  hospital  under  any  contract  with  the  board  ex- 
cept when  there  is  a  vacancy  not  applied  for  on  behalf  of  a  resident 
of  the  state.  A  non-resident  pay  patient  may  at  any  time  be  dis- 
charged by  the  board,  which  must  do  so  if  it  is  necessary  in  order  to 
make  room  for  a  resident  of  the  state. 


249  VIRGINIA 

b.  Legal  procedure  in  commitment.  Any  county  or  corporation  C°1™g19aint- 
judge,  or  any  justice  of  peace,  who  suspects  any  person  in  his  county 
or  corporation  to  be  insane,  or  upon  the  written  complaint  or  in- 
formation of  any  respectable  citizen,  must  order  the  presence  of 
such  person,  and  summon  two  licensed  and  reputable  physicians  Summons, 
(one  of  whom  must,  when  practicable,  be  the  physician  of  the  sus- 
pected person,  but  neither  may  in  any  manner  be  related  to  him  or 
have  an  interest  in  his  estate).  The  judge  or  justice  and  the  two 
physicians  constitute  a  commission  to  inquire  whether  the  person  is 
insane  and  a  suitable  subject  for  treatment  in  a  hospital  for  the 
insane,  and  for  that  purpose  must  summon  witnesses.  The  phy- 
sicians must,  in  the  presence  of  the  judge  or  justice  (if  practicable) ,  Examination, 
by  personal  examination  and  by  inquiry  satisfy  themselves  and  the 
judge  or  the  justice  as  to  the  mental  condition  of  the  person  ex- 
amined. If  the  two  physicians  do  not  agree  a  third  is  to  be  sum- 
moned. The  report  of  the  commission  must  consist  of  a  statement 
with  questions  and  answers  prescribed  by  the  law,  and  of  any  further 
information  bearing  on  the  insanity  of  the  person  being  examined. 
The  record  of  proceedings  together  with  the  warrant  of  commitment 
must  be  made  in  duplicate,  one  copy  to  be  delivered  to  the  sheriff 
or  sergeant  of  the  county  or  city,  and  the  other  to  be  filed  in  the 
office  of  the  county.  If  the  commission  decides  that  the  person  be  Commitment. 
insane  and  ought  to  be  confined  in  a  hospital,  and  ascertains  that  he 
*  is  a  citizen  of  the  state,  the  judge  or  justice  may  order  him  confined 
in  jail  for  a  period  not  exceeding  six  days,  pending  conveyance  to  a 
hospital  for  the  insane,  or  may  commit  him  to  the  custody  of  some 
responsible  person,  who  must  furnish  security  for  his  proper  safe- 
keeping without  cost  to  the  commonwealth  until  he  is  taken  to  the 
hospital  or  discharged  from  custody. 

The  sheriff  or  sergeant  to  whose  custody  an  insane  person  has  ^  iSlifne1  °£ 
been  committed,  must  on  the  same  day  the  person  is  adjudged  m~  j^mmitment 
sane  make  application  for  admission  to  the  nearest  appropriate    l672- 
hospital,  unless  instructed  otherwise  by  the  commissioner  of  hospitals 
transmitting  with  the  application  a  copy  of  the  record  or  proceedings 
before  the  commission.     As  soon  as  the  record  of  proceedings  before 
the  commission  of  insanity  is  filed  in  the  office  of  the  county  clerk  or 
clerk  of  the  county  court,  the  clerk  must  at  once  notify  the  commis- 
sioner of  state  hospitals  for  the  insane,  giving  the  name,  age,  sex 
and  color  of  the  insane  person,  the  date  of  the  finding  of  the  com- 
mission, and  the  custody  to  which  he  was  committed.     If  the  in- 
sane person  has  been  committed  to  jail,  and  remains  there  after  six 
days  from  the  date  of  the  finding  of  the  commission,  the  clerk  must 
notify  the  commissioner  of  state  hospitals.     If  the  superintendent 
of  a  hospital  fails  to  send  for  any  insane  person  confined  in  jail  within 


VIRGINIA 


250 


Examination 
at  hospital 
of  persons 
adjudged 
insane. 
1674- 


Disposition  of 
non-resident 
insane. 
1676. 


Appointment 
of  guardian. 
1697. 


Laws    of    1911 
ch.  1 68. 
Code. 
1698. 


1699- 


Laws  of  1916. 


s 


tc 

I 

tu 

o 


£ 


Ul 


six  days  after  his  commitment  thereto,  the  commissioner  of  state 
hospitals  for  the  insane  must  order  the  sheriff  or  sergeant  in  whose 
custody  the  insane  person  is  to  convey  him  to  some  hospital. 

A  person  admitted  to  a  hospital  as  insane  must  be  detained  until 
the  superintendent  and  his  assistant  have  ample  opportunity  to 
observe  and  examine  him.  If  they  are  of  the  opinion  that  he  is  not 
insane,  he  must,  unless  he  be  charged  with  or  convicted  of  crime,  be 
returned  by  the  hospital  authorities  to  the  county  or  city  from  which 
he  was  committed,  with  a  certificate  of  discharge. 

If  a  commission  in  insanity  finds  the  person  examined  by  it 
insane  and  a  non-resident  of  the  state,  the  same  proceedings  are  to 
be  had  as  if  he  were  a  resident.  A  statement  of  the  fact  of  his  non- 
residence  and  place  of  domicile,  must  accompany  any  order  re- 
specting him;  and  the  superintendent,  if  the  person  is  sent  to  a 
hospital,  or  the  court  to  whose  jail  he  may  have  been  committed, 
must  have  him  returned  to  his  friends,  if  known,  or  the  proper 
authorities  of  the  state  or  county  from  which  he  came  if  practicable. 

If  a  person  be  found  to  be  insane  by  a  judge  or  justice  of  the  peace, 
or  in  a  court  in  which  he  is  charged  with  crime,  the  court  of  the 
county  or  corporation  in  which  he  is  an  inhabitant  must  appoint  a 
committee  for  him. 

If  a  resident  of  the  state  is  suspected  of  being  insane,  but  has  not 
been  so  found,  the  court  of  his  county  or  corporation  must  upon 
proper  application  examine  his  state  of  mind  and  appoint  a  com- 
mittee of  his  person  if  he  is  found  insane. 

A  similar  procedure  except  as  to  examination  is  prescribed  in  the 
case  of  a  non-resident  who  is  suspected  of  being  insane  and  who  has 
property  in  the  state. 

c.  Voluntary  admission.  A  legal  resident  of  the  state  in  the 
early  stages  of  insanity  whose  mental  condition  is  such  as  to  render 
him  competent  to  make  application  or  whose  application  if  he  is  not 
of  the  age  of  twenty-one  years  is  made  by  parent  or  guardian,  may 
be  received  by  the  superintendent  of  a  state  hospital  as  a  voluntary 
patient  provided  that  his  mental  derangement  is  not  the  temporary 
effect  of  alcohol  or  any  drug  and  provided  that  his  admission  does 
not  deprive  any  committed  patient  of  treatment  in  the  hospital. 

Such  a  patient  may  be  detained  not  more  than  ten  days  after 
giving  notice  of  his  intention  to  leave  or  after  notice  has  been  given 
by  another  for  him. 

Every  voluntary  patient  is  required  to  defray  his  own  expenses 
except  that  the  board  of  directors  of  the  hospital  may  exempt  him  for 
payments  for  two  months  if  they  consider  him  financially  unable  to 
defray  his  expenses. 


s 


251  VIRGINIA 

d.  Appeal  from  commitment.     Any  person  held  as  insane  may  by  Jgj£as  corpus- 
means  of  a  writ  of  habeas  corpus  have  the  question  of  the  legality    l6?s- 

of  his  detention  and  of  his  sanity  determined  by  a  court  of  competent 
jurisdiction.  If  he  is  in  custody,  he  may  file  his  objection  in  the 
circuit  court  of  the  county  or  city  in  which  he  resides,  or  in  which  he 
was  adjudged  insane,  and  after  notice  to  the  authorities  of  the 
hospital  or  to  the  person  claiming  the  right  to  the  custody  of  such 
person,  the  court  must  determine  whether  the  person  is  sane  or 
insane. 

e.  Cost  of  commitment.     All  expenses  incurred  in  committing    l671' 
a  patient  to  any  state  hospital  are  to  be  borne  by  the  county  or 
corporation  from  which  he  is  sent. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  superintendent  of  a  hospital  must  forthwith  send  an  attend-  **&/£*: 
ant  from  the  hospital  to  conduct  the  insane  person  for  whom  applica- 
tion for  admission  has  been  made.  Or  the  superintendent  may 
appoint  some  other  suitable  person  for  the  purpose  or  may  order  the 
sheriff  or  sergeant  of  the  county  or  city  to  convey  him  to  the  hospital. 
The  cost  of  conveying  insane  persons  to  the  hospital  is  paid  from  the 
funds  appropriated  for  this  purpose  by  the  state.  The  cost  of 
transportation  of  a  voluntary  patient  is  not  borne  by  the  hospital.  Laws  of  I9l6< 

5.  TRANSFER  OF  PATIENTS 
6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

The  superintendent  of  a  hospital  must  in  suitable  cases  grant  tendentsuperin~ 
furloughs  to  insane  patients  for  such  time  as,  in  his  judgment,  mayCoxd^g8 
benefit  them;  but  all  costs  of  removal  for  furloughs  must  be  paid  by 
the  patients  or  friends,  if  able  to  do  so. 

When  an  insane  person  confined  in  a  hospital  or  jail  is  restored  to    l688- 
sanity,  the  superintendent  or  the  court  must  discharge  him  and 
give  him  a  certificate  of  discharge. 


Except  in  the  case  of  a  person  charged  with  crime  or  convicted  of  P^r  ^e°rfsons 
crime,  the  superintendent  of  any  hospital  or  the  court  of  any  county  ^  *^r 
or  corporation,  may  deliver  an  insane  person  to  a  friend  who  will  give    I683- 
bond  with  surety  for  his  maintenance.     When  an  insane  person, 
except  as  aforesaid,  is  deemed  by  the  superintendent  both  -harmless 
and  incurable,  he  may  deliver  him  without  bond  to  any  friend  who  is 
willing  and  able  to  take  care  of  him  without  cost  to  the  common- 
wealth.    If  a  friend  into  whose  charge  an  insane  person  has  been    l684- 
given  delivers  him  to  the  sheriff  of  the  county  or  sergeant  of  the 
corporation,  according  to  the  condition  of  the  bond,  the  latter  must 
bring  the  insane  person  before  a  judge  or  justice  of  his  county  or 
corporation  for  a  re-examination. 


VIRGINIA  252 

7.  COST  OF  MAINTENANCE 

state by  the          ^ne  exPenses  °f  removing  and  supporting  insane  persons  are 
1680.  paid  out  of  the  state  treasury  upon  the  order  of  the  commissioner  of 

Recovery.  hospitals.  But  when  the  insane  persons  have  sufficient  estate  and 
have  no  husband,  wife,  child  or  kin  dependent  on  them,  it  must  be 
applied  to  such  expenses. 

1691.  The  commission  or  court  ordering  an  insane  person  to  be  con- 

fined in  a  hospital  must  cause  a  certificate  of  his  estate,  or,  if  the 
person  be  a  married  woman  or  infant,  who  is  not  an  orphan,  of  the 
estate  of  the  husband  and  any  separate  estate  of  the  wife,  or  estate 
of  the  parent,  and  also  of  the  probable  annual  profits  of  such  estate, 
to  be  sent  to  the  directors  of  the  hospital,  and  to  the  next  court  or 
corporation  of  which  the  insane  person  is  an  inhabitant. 

8.  CRIMINAL  INSANE 

If  any  person  charged  with  crime  is  found  by  the  court  to  be  insane 
anc*  tne  court  orders  him  committed  to  the  department  for  the 

C°i6&2  criminal  insane  at  one  of  the  state  hospitals  he  must  be  kept  there 

until  restored  to  sanity.  If  prior  to  the  time  of  trial  the  court  or  the 
attorney  for  the  commonwealth  believes  that  such  person  requires 
care  and  observation  in  such  a  hospital  the  court  may  appoint  one  or 
more  experts  in  insanity  or  other  qualified  physicians  not  exceeding 
three  to  examine  him  and  may  commit  him  to  the  department  for 
criminal  insane.  A  copy  of  the  complaint  or  indictment  and  the 
medical  report  must  be  delivered  with  the  patient  to  the  superin- 
tendent of  the  hospital. 

wnSePnSrestored       When  the  superintendent  considers  such  a  patient  not  insane  or 

to  sanity.        restored  to  sanity  he  must  be  returned  to  jail. 

Any  person  after  conviction  of  crime  or  while  serving  sentence  in 
any  penal  institution  or  reformatory,  if  declared  insane  by  jury  must 
be  committed  to  the  department  for  the  criminal  insane  at  the  proper 
state  hospital  and  kept  there  until  restored  to  sanity. 

Temporary  fn  case  an  order  of  commitment  is  made  as  provided  in  any  of  the 

confinement  ,  •  >  r 

institution  preceding  paragraphs  the  sheriff  must  immediately  ascertain 
whether  a  vacancy  exists  at  the  proper  hospital  in  the  department 
for  the  criminal  insane.  Until  there  is  a  vacancy  the  insane  person 
shall  be  kept  in  the  county  jail,  penitentiary,  reformatory  or  in 
such  custody  as  the  court  may  order. 


253 
WASHINGTON 

Authorities: 

Remington's  Codes  and  Statutes  of  Washington,  1916 
Laws  of  1915,  1917 

i.     ADMINISTRATION   AND    SUPERVISION 

a.  General.     The  state  board  of  control  consists  of  three  citizens  Board  of 

control. 

of  the  state,  no  more  than  two  of  whom  may  belong  to  the  dominant  ^-^ 
political  party,  appointed  by  the  governor  for  six  years,  and  remov- 
able at  his  discretion.     Each  member  of  the  board  receives  a  salary 
of  $3,000  per  annum,  and  necessary  expenses. 

The  board  has  power  to  make  all  repairs  and  improvements  that,  50*4- 
in  its  judgment,  may  be  necessary  for  the  conduct  of  the  hospitals 
under  their  charge.  It  takes  charge  of  the  general  interests  of  the 
hospitals,  supervises  the  transportation  of  patients,  employs  super- 
intendents; and  may  prescribe  the  duties  of  all  persons  connected  in 
any  way  with  the  management  of  the  hospitals. 

The  board  of  control  is  required  to  arrange  with  the  United  States  La^s  of  IOIS- 
Bureau  of  Immigration  for  deportation  of  the  alien  insane. 

b.  Institutional.     The  superintendent  must  be  a  skillful  practicing  superintendent, 
physician,  and  holds  his  office  for  such  time  as  the  state  board  of    s^6- 
control  may  deem  wise.     He  has  entire  control  of  the  treatment  of 

the  patients  and  of  all  other  internal  government  and  economy  of  the 
institution,  appoints  all  subordinate  officers  and  employees  and  has 
entire  direction  of  them. 

2.  CARE 

a.  In  state  institutions. 

Western  State  Hospital,  Fort  Steilacoom;  established  1870;   1,466 

beds. 
Eastern  Hospital  for  the  Insane,  Medical  Lake;  established  1889; 

1,100  beds  (also  criminal  insane). 
Northern  State  Hospital  for  the  Insane,  Sedro  Woolley;  established 

1909;  700  beds. 

b.  In  local  institutions.     The  indigent  insane  who  can  not  be 
admitted  to  the  state  hospitals  must  be  cared  for  by  their  respective 
boards  of  county  commissioners  (except  in  certain  incorporated  cities 
with  a  special  poor  department)  and  may  be  provided  for  in  the 
county  almshouse. 

3.  COMMITMENT 

a.  Persons    committed.     All    insane    persons,    having    a    legal    5959. 
residence  in  the  state,  not  idiots,  imbeciles,  harmless  chronic  dements 
or  cases  of  acute  mania  a  potu,  have  the  right  of  admission  to  the 


WASHINGTON  254 

3960.  state  hospitals.     Non-residents  who  come  into  the  state  while  in- 

sane may  be  committed  for  temporary  care,  as  in  the  case  of  persons 
becoming  insane  while  traveling  in  the  state,  or  of  sailors  becoming 
insane  upon  the  high  seas. 

Application.  b.  Legal  procedure  in  commitment.  The  superior  court  of  any 
county,  upon  the  application  of  any  one  under  oath  alleging  that  any 
person  by  reason  of  insanity  is  unsafe  to  be  at  large,  must  have  such 
person  before  him,  and  summon  witnesses  and  two  reputable  physi- 
cians before  whom  the  judge  must  examine  the  charge,  unless  the 
accused  or  any  one  in  his  behalf  demands  that  the  question  of  in- 
sanity'be  decided  by  a  jury.  If  no  jury  is  demanded,  and  the  physi- 
cians certify  under  oath  that  the  person  examined  is  insane,  and  the 
case  is  of  a  recent  or  curable  character,  or  that  the  insane  person  is 
of  a  homicidal,  suicidal  or  incendiary  disposition,  or  that  he  would 
be  dangerous  to  his  own  life,  or  the  lives  and  property  of  the  com- 
munity in  which  he  may  live,  the  judge  must  commit  him  to  one  of 
the  hospitals  for  the  insane  if  he  believe  that  the  proper  facts  of 
insanity  have  been  established. 

Smfnton— °f       ^  **  *s  necessarv  ^or  want  of  room,  or  other  cause,  to  discriminate 
^ven10111         m  ^e  general  reception  of  patients,  a  selection  may  be  made  in  the 
5964-  folio  wing  order:  (1)  recent  cases,  when  the  disease  is  of  less  than  one 

year's  duration;  (2)  chronic  cases,  of  more  than  one  year's  dura- 
tion, presenting  the  most  favorable  prospects  of  recovery;  (3)  those 
for  whom  application  has  been  longest  on  file,  other  things  being 
equal.  Where  cases  are  equally  meritorious  in  all  other  respects,  the 
indigent  must  be  given  the  preference. 

5969.  The  relatives  or  friends  of  any  person  charged  with  insanity  in  all 

cases  have  the  right  to  take  charge  of  and  keep  him  if  they  desire  so 
to  do;  but  the  superior  judge  may  require  them  to  give  a  bond  for 
his  safe-keeping. 

commitment  Any  Person  charged  with  insanity  but  not  insane  beyond  all 
Laws^of  1915.  reasonable  doubt  may  be  committed  by  any  judge  of  the  superior 
court  to  the  detention  ward  of  a  county  hospital  or  other  suitable 
place  of  detention  for  a  period  of  thirty  days.  During  this  time  the 
patient  is  under  the  observation  of  the  county  physician  who  may 
obtain  an  extension  of  the  time  of  observation  for  not  more  than 
another  thirty  days. 

c.  Voluntary  admission. 

Habeas  corpus,     (j.  Appeal  from  commitment.     Writs  of  habeas  corpus  may  be 
!o6o"  granted  for  the  protection  of  insane  persons  by  the  supreme  court  or 

superior  court  or  by  any  judge'of  either  court,  and  upon  application 
the  writ  must  be  granted  without  delay. 

5956.  e.  Cost  of  commitment.     When  a  person  is  found  to  be  insane, 

the  costs  of  commitment  must  be  paid  by  the  county;  but  when  the 


255  WASHINGTON 

insane  person  is  a  resident  of  another  county,  the  county  in  which 
proceedings  were  had  may  recover  all  costs  and  expenses  from  the 
county  of  which  the  insane  person  is  a  resident. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

When  ordering  an  insane  person  sent  to  a  hospital  for  the  insane,    5954. 
the  superior  court  judge  must  direct  the  sheriff  to  notify  the  superin- 
tendent of  the  hospital,  and  transmit  a  copy  of  the  complaint  and 
commitment  and  physician's  certificate,  which  must  always  be  in 
the  form  as  furnished  to  the  courts  by  the  board  of  control. 

The  state  board  of  control  has  charge  and  supervision  of  the^r^of 
transportation  of  insane  persons  to  the  hospitals  for  the  insane  and  supervises, 
is  vested  with  authority  to  employ  necessary  persons  for  such  pur- 
pose. 

5.  TRANSFER   OF  PATIENTS 

Upon  recommendation  of  the  superintendent  the  state  board  of  g^"0f °£j- 
control  may  transfer  a  patient  to  another  hospital.     A  certificate  of    5966. 
the  fact  and  the  reasons  therefor  must  be  transmitted  to  the  clerk  of 
the  committing  court  and  the  kin  or  friend  of  the  patient. 

6.  PAROLE   AND    DISCHARGE    OF    PATIENTS 

Any  patient  so  far  recovered  as  to  make  it  safe  for  him  and  the  f/ndentsuperin" 
public  to  allow  him  to  be  at  large  may  be  paroled  by  the  superin-  Laws^of  i9i5. 
tendent  and  any  patient  becoming  sane  and  probably  free  from  the 
danger  of  relapse  must  be  discharged.     Indigent  patients,    when 
discharged,  may  be  returned  to  the  county  from  which  admitted, 
at   its   expense.     The   superintendent   must   officially   notify   theR-c-6g 
proper  superior  judge,  relatives  or  friends  of  the  discharge  or  death 
of  any  patient,  and  give  the  date  and  reasons  for  such  discharge  or 
death.     Each  indigent  patient  discharged  must  be  furnished  with 
suitable  clothing  and  a  sum  of  money  not  exceeding  $10. 

Upon  presentation  of  evidence  that  friends  or  relatives  will  be  RjJ^°"1t^>f 
able  to  provide  proper  care  for  an  insane  patient,  the  superior  court 
judge  issuing  the  commitment  may  order  his  removal  from  the 
hospital  to  the  custody  of  such  relations  or  friends.  If  it  is  brought 
to  the  knowledge  of  the  judge  that  the  patient  thus  removed  is  not 
cared  for  properly,  or  is  dangerous  to  persons  or  property,  he  may 
order  him  returned  to  the  hospital. 

7.  COST   OF   MAINTENANCE 

All  patients  in  the  state  hospitals  are  supported  by  the  state,  and 
payment  therefore  is  exacted  from  no  one.  Nor  may  donations  be 
accepted  by  the  hospitals  with  the  understanding  that  they  are  in 
payment  for  the  keep  of  any  patient,  although  gifts  may  be  received 
for  the  general  support  of  the  hospitals. 


WASHINGTON 


256 


Commitment 
by  the  court. 


Trial  by  jury. 
5979- 


Discharge  of 


criminals. 
5975- 


S976. 


8.  CRIMINAL   INSANE 

The  superior  courts  of  the  state  have  power  to  commit  to  the 
hospital  for  the  insane  any  person  who  upon  being  arraigned  for  an 
indictable  offense  is  found  by  the  jury  to  be  insane. 

The  prosecuting  attorney  of  any  county  wherein  a  person  may 
have  been  acquitted  of  a  crime  because  of  insanity  may  have  him 
brought  before  the  superior  court  of  that  county  for  trial  by  jury  as 
to  the  question  of  his  sanity.  If  the  jury  finds  that  the  defendant 
committed  a  crime,  that  he  was  acquitted  because  of  insanity,  and 
that  he  is  insane  and  unsafe  to  be  at  large,  he  must  be  committed  to 
the  department  for  criminal  insane.  Either  party  may  appeal  to 
the  supreme  court  as  in  other  cases. 

When  any  person  committed  as  criminal  insane  claims  to  have 
recovered,  he  may  apply  to  the  physician  in  charge  of  the  criminal 
insane  for  an  examination.  If  the  physician  certifies  to  the  warden 
that  there  is  reasonable  cause  to  believe  that  such  person  has  become 
sane  since  his  commitment  and  is  a  safe  person  to  be  at  large,  the 
warden  must  send  him  to  prison  and  petition  to  the  court  that 
committed  him,  to  discharge  him.  The  prosecuting  attorney  of  the 
county  must  resist  the  application  at  a  trial  by  jury.  Either  party 
may  appeal  to  the  supreme  court  from  the  judgment  discharging 
the  petitioner  or  remitting  him  to  custody.  If  the  petitioner  sub- 
sequently claims  to  have  become  a  sane  person,  he  may  upon  a 
certificate  of  probable  cause  by  the  attending  physician  again 
petition  for  discharge,  under  the  same  proceedings  When  a 
criminally  insane  person  who  has  been  discharged  again  becomes 
insane,  the  prosecuting  attorney  of  the  county  from  which  he  was 
committed  may  petition  for  his  recommitment  and  trial  by  jury  in 
regard  to  his  mental  condition. 

Any  person  committed  to  the  department  for  criminal  insane 
must  not  be  discharged  from  the  custody  of  the  warden  except  upon 
the  order  of  a  court  of  competent  jurisdiction  made  after  a  trial 
and  judgment  of  discharge. 


257 
WEST  VIRGINIA 

Authorities : 

Code  of  West  Virginia,  1913 
Laws  of  1915 

i.  ADMINISTRATION   AND   SUPERVISION 

a.  General.     The  state  board  of  control  is  composed  of  three  JJJJgJj0' 
members  chosen  from  the  two  largest  political  parties,  not  more  than  J*™z  of 
two  of  whom  may  belong  to  the  dominant  party,  and  appointed  by    *• 
the  governor  for  terms  of  six  years.     Each  member  of  the  board 
receives  a  salary  of  $5,000  a  year  and  is  obliged  to  give  his  entire  time 

to  the  public  institutions  under  its  control. 

The  board  has  full  power  to  manage,  direct,  control  and  govern  Co^e 
the  hospitals  for  the  insane,  but  the  appointment  of  superintendents    $95. 
is  vested  in  the  governor.     The  board  has  the  power  to  recommend 
to  the  governor  the  removal  of  any  superintendent  and  fixes  the 
number  of  all  subordinates  and  their  compensation.     The  governor 
and  state  board  each  have  authority  to  cause  an  expert  inspection  or 
investigation.     The  board  reports  biennially  to  the  governor. 

The  state  board  must  take  steps  to  cause  the  deportation  of  any 
alien  in  the  state  hospitals  and  the  return  of  a  non-resident  to  his 
own  state. 

Biennally  a  joint  committee  of  the  legislature  must  investigate  the    3371. 
condition  of  the  hospitals  for  the  insane  and  report  upon  it. 

The  state  board  has  authority  to  issue  permits  for  the  establish- P£™te  i 
ment  of  private  hospitals  for  the  insane,  to  investigate  and  inspect    z8- 
them,  and  revoke  the  permits  after  reasonable  notice. 

b.  Institutional.     There  are  no  local  boards  of  trustees.     The    3331. 
superintendent  and  his  medical  assistants  must  be  physicians  and 
graduates  from  reputable  medical  colleges. 

2.  CARE 

a.  In  state  institutions. 

Weston  State  Hospital,  Weston;  established  1858;  1,050  beds. 
Spencer  State  Hospital,  Spencer;  established  1893;  600  beds. 
Huntington  State  Hospital,  Huntington;  established  1897;  650  beds. 

b.  In  local  institutions.     An  overseer  of  the  poor  is  appointed  by 
the  county  court  for  each  magisterial  district  and  is  responsible  for 
the  care  of  indigent  persons  who  are  not  provided  for  in  public  in- 
stitutions.    Every  county  court  may  establish  a  county  infirmary 
to  which  homeless  indigent  insane  are  admitted  on  the  order  of  the 
overseer  of  the  poor  or  the  county  court.     The  sheriff  is  permitted    3337 


WEST  VIRGINIA 


258 


Complaint. 
3382. 


Hearing. 


Commitment. 


3383. 


Examination 
at  hospital. 


to  hold  in  the  county  jail  a  violent  insane  person  provided  that 
admission  to  a  state  hospital  is  refused. 

3.  COMMITMENT 

a.  Persons  committed.     All  persons  who  are  residents  of  the 
state  and  have  a  legal  settlement  in  any  county  are  entitled  to  care 
and  treatment  in  one  of  the  state  hospitals  for  the  insane.     Non- 
residents may,  however,  be  admitted  under  contract  with  the  board 
of  control  if  there  is  a  vacancy  in  any  hospital.     A  non-resident  so 
admitted  may  be  discharged  at  any  time  to  make  room. 

b.  Legal  procedure  in  commitment.     Any  resident  of  a  county 
may  complain  to  the  clerk  of  the  county  court  of  any  person  sus- 
pected of  being  insane.     The  clerk  must  then  issue  a  warrant  on 
which  the  person  is  brought  before  the  county  commission  of  lunacy, 
composed  of  the  president  and  clerk  of  the  county  court  and  the 
prosecuting  attorney.     They  meet  at  the  county  seat  unless  it 
appears  advisable  to  meet  at  or  near  the  residence  of  the  insane 
person. 

The  commission  appoints  a  guardian  ad  litem  to  manage  the  case 
of  the  suspected  person.  Among  the  witnesses  must  be  two  physi- 
cians who  must  separately  make  a  physical  and  mental  examination 
of  the  patient  and  make  out  a  verified  certificate  of  their  findings. 
If  the  commission  decides  that  the  person  is  insane,  and  ought  to 
be  confined  in  a  hospital  and  ascertains  that  he  is  a  citizen  of  the 
state,  then,  unless  some  person  (to  whom  the  commission  in  its 
discretion  may  deliver  him)  will  give  bond  with  sufficient  surety  to 
restrain  and  take  proper  care  of  him  until  he  recovers,  or  he  is 
delivered  to  the  sheriff  of  the  county,  to  be  proceeded  with  according 
to  law,  the  commission  must  order  him  to  be  removed  to  the  nearest 
hospital.  The  interrogatories  to  the  witnesses  and  the  answers 
must  be  in  writing,  and,  together  with  a  written  statement  by  the 
commission  to  the  fact  of  insanity,  must  be  transmitted  with  the 
order  of  commitment.  Pending  a  vacancy  at  one  of  the  hospitals, 
and  until  the  superintendent  removes  him,  the  patient  is  delivered 
to  the  custody  of  the  sheriff  or  some  relative  or  friend  and  may  not  be 
confined  in  any  jail  or  lockup  unless  his  condition  is  violent  or 
dangerous.  It  is  the  duty  of  the  superintendent  of  whom  inquiry 
has  been  made  to  cause  the  removal  of  the  patient  to  the  proper 
hospital  without  delay.  Soon  after  the  patient  arrives  at  the  hospital 
an  examining  board  (the  superintendent  and  assistant  physicians) 
must  be  convened,  and  if  they  concur  in  opinion  with  the  commission, 
must  register  him  as  a  patient.  If  the  examining  board  rejects  the 
patient  because  in  their  opinion  he  is  not  insane  the  superintendent 
must  return  him  by  an  attendant  to  the  sheriff  of  the  county,  where- 


259  WEST  VIRGINIA 

upon  the  commission  of  lunacy  must  promptly  reconsider  and  dispose 
of  the  case. 

If  the  commission  find  that  the  person  suspected  is  insane  but  a    3341. 
resident  of  another  county  it  transmits  the  evidence  to  the  sheriff 
who  delivers  the  patient  to  his  county  of  residence  and  proceedings 
are  there  taken  for  his  commitment. 

If  some  relative  or  friend  will  care  for  the  patient  the  commission  ^.ktjve  may 
may  take  a  bond  of  $500  with  condition  that  the  insane  person  be""0**6- 
restrained  and  properly  cared  for  till  the  cause  of  confinement  ceases 
or  the  patient  is  again  delivered  to  the  commission.     If  the  person  is 
found  tj  be  harmless  and  incurable  he  may  be  delivered  to  any 
relative  or  to  a  friend  without  bond. 

When  any  person  is  confined  in  any  jail  as  insane,  the  jailer  must 
certify  the  fact  to  the  circuit  court  of  the  county  at  the  next  ensuing 
term.     The  court  must  cause  him  to  be  examined  by  two  competent msa^ 
physicians  and  make  such  provision  for  his  maintenance  and  care  as 
his  situation  may  require. 

The  allowance  to  the  jailer  shall  not  exceed  one  dollar  a  day  except  3356. 
in  extraordinary  cases  and  the  jailer  must  apply  once  in  ten  days  to  a 
state  hospital  for  the  admission  of  a  patient  if  the  application  is 
refused  for  the  want  of  room.  If  a  person  residing  in  this  state  is 
suspected  to  be  insane,  the  circuit  court  of  the  county  of  which  he  is  Guardianship, 
an  inhabitant,  must  on  the  application  of  any  person  interested  and 
after  five  days'  notice  to  the  person  so  suspected  proceed  to  examine 
into  his  state  of  mind,  and,  being  satisfied  that  he  is  insane,  appoint  a 
committee  for  him.  The  same  procedure  is  provided  for  in  the  case 
of  a  person  residing  out  of  the  state,  but  having  property  therein,  who 
is  suspected  of  being  insane. 

c.  Voluntary  admission      Any  resident  of  the  state  in  the  early    3382. 
stages  of  insanity  or  believing  himself  about  to  become  insane  or 
believing  that  treatment  in  one  of  the  state  hospitals  would  be 
beneficial  to  him  shall  be  received  as  a  voluntary  patient  on  a  verified 
written  application  to  the  state  board  which  may  require  the  cer- 
tificate of  one  or  more  physicians  or  other  evidence.     A  voluntary 
patient  may  leave  the  hospital  on  five  days'  notice  if  in  the  judgment 

of  the  superintendent  he  is  in  fit  condition  and  may  be  discharged 
upon  the  certificate  of  the  superintendent  because  cured  or  because 
further  treatment  is  unnecessary. 

d.  Appeal  from  commitment.     The  writ  of  habeas  corpus  must  H«bse3«s  <*nms. 
be  granted  by  the  circuit  court  to  a  person  who  by  himself  or  by  some 

one  in  his  behalf  applies  by  petition,  showing  evidence  that  he  is 
detained  without  lawful  authority,  or  is  wrongfully  denied  a  certif- 
icate of  restoration.  The  superintendent  shall  have  five  days'  notice 
of  the  trial  and  shall  be  represented  by  the  attorney  general.  In 


WEST  VIRGINIA 


260 


Hospital 

attendant. 

3335- 


By  the  board. 
3373. 


Upon  recovery. 
3350. 


Applications. 
3349- 


case  the  court  finds  the  patient  sane  he  shall  receive  a  certified  copy 
of  the  order  made  by  the  court. 

e.  Cost  of  commitment.  All  expenses  are  paid  out  of  the  county 
treasury. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  superintendent  must  be  notified  immediately  by  the  clerk  of 
the  county  court  of  any  commitment  and  if  he  considers  the  patient 
a  proper  one  for  admission  and  has  room  for  him  he  sends  an  at- 
tendant at  the  expense  of  the  hospital.  If  there  is  no  room  the 
superintendent  notifies  the  board  of  control  which  may  cause  the 
patient  to  be  sent  to  another  state  hospital.  Any  relative  or  friend 
of  the  insane  person  may  be  allowed  by  the  county  commission  of 
lunacy  to  deliver  him  to  the  hospital  without  expense  to  the  county 
or  state. 

5.  TRANSFER  OF  PATIENTS 

The  board  of  control  has  authority  to  transfer  patients  from  any 
institution  under  its  management  to  any  other  institution  of  like 
nature. 

6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

When  any  patient  in  the  state  hospital  is  restored  to  sanity  the 
superintendent  gives  him  a  certificate  of  restoration  and  discharges 
him.  Any  patient  on  parole  or  otherwise  temporarily  released  may 
present  himself  to  the  superintendent  for  examination  and  discharge. 

Except  in  the  case  of  a  person  charged  with  or  convicted  of  crime 
or  confined  in  a  state  hospital  or  a  private  licensed  hospital  the  com- 
mission of  lunacy  must  make  an  inquest  on  application  for  discharge 
of  any  person  confined  as  insane  and  set  him  at  liberty  if  they  have 
authority  to  do  so  and  find  him  restored  to  sanity. 

The  guardian  or  committee  is  entitled  to  the  custody  of  a  patient 
when  he  is  not  confined  in  a  state  hospital  or  jail. 

The  board  of  control  may  prescribe  regulations  regarding  parole 
and  discharge  of  patients. 

7.  COST  OF  MAINTENANCE 

The  expense  of  the  maintenance  and  care  of  any  insane  person 
confined  in  a  hospital  must  be  paid  out  of  the  treasury  of  the  hospital; 
and,  if  he  is  kept  in  jail  the  expense  of  maintenance  and  care  must  be 
paid  out  of  the  public  treasury. 

Any  payments  made  from  the  county  treasury  may  be  recovered 
from  the  estate  of  the  patient  or  his  guardian,  father,  mother, 
husband,  wife  or  child. 


261  WEST  VIRGINIA 

8.  CRIMINAL  INSANE 
If  any  person  charged  with  or  convicted  of  crime  is  found  to  be£-™on    . 

" 


insane,  the  court  must  order  him  to  be  confined  in  one  of  the  hospitals 
for  the  insane  as  soon  as  there  is  a  vacancy.     When  such  a  person    3345. 
is  restored  to  sanity,  the  board  must  give  notice  thereof  to  the  clerk    3349- 
of  the  court  by  whose  order  he  was  confined,  and  deliver  him  in 
obedience  to  the  proper  precept. 

If  a  person  is  found  to  be  insane  by  the  justice  before  whom  he  may 
be  examined,  or  in  a  court  in  which  he  may  be  charged  with  crime, 
the  circuit  court  of  the  county  of  which  he  is  an  inhabitant,  must 
appoint  a  committee  for  him. 

If  a  convict  in  a  penitentiary  becomes  hopelessly  insane,  a  justice  insane  convicts. 
must  be  notified  and  if  satisfied  that  the  convict  is  insane  and  ought 
to  be  confined,  must  order  him  committed  to  a  hospital  for  the  in- 
sane, unless  some  person  will  give  bond  to  restrain  and  take  proper 
care  of  him  until  the  cause  ceases  or  the  patient  is  delivered  to  the 
sheriff  of  the  county.  In  case  of  recovery,  the  board  of  directors  of 
the  hospital  must  notify  the  clerk  of  the  court  by  order  of  which 
patient  was  confined  in  the  hospital. 


262 


WISCONSIN 


Board  of 

control. 

Statutes. 

56ia. 


2.0.17 
56i£. 


56ie. 


564. 


Visiting 
committee. 
5620. 


Officers. 
S6ij. 


County 
asylums. 
6043. 


6o4h. 


Authorities: 

Wisconsin  Statutes,  1915 
Laws  of  Wisconsin,  1917 

i.  ADMINISTRATION  AND  SUPERVISION 

a.  General.     The  state  board  of  control  is  composed  of  five  mem- 
bers, one  of  whom  must  be  a  woman,  appointed  by  the  governor  for 
terms  of  five  years.     The  president  receives  $3,600  per  annum,  the 
other  members  $2,500  each  per  annum.     The  board  has  the  entire 
management  of  all  the  state  institutions.     It  is  required  to  inspect 
each  hospital  at  least  once  a  month.     The  board  acts  as  a  commis- 
sion in  lunacy,  with  power  to  examine  any  person  committed  to  any 
public  or  private  hospital  for  the  insane  or  who  is  restrained  of  his 
liberty  by  reason  of  alleged  insanity  at  any  place,  and  may  order 
the  discharge  of  any  person  who  is  not  insane,  except  one  held  for 
trial  on  a  criminal  charge  or  confined  by  a  court  in  a  criminal  proceed- 
ing.    The  board  must  each  year  file  with  the  secretary  of  state  a 
statement  giving  the  name  of  every  inmate  in  either  of  the  state 
hospitals  for  whose  support  in  whole  or  in  part  any  county  is  legally 
chargeable,  the  length  of  time  for  which  support  is  charged,  and  the 
amount  due  the  hospital  for  the  support  of  such  inmate  from  a 
county.     The  board  of  control  also  has  the  duty  of  inspecting  each 
county  asylum  at  least  once  in  three  months,  supervising  and  control- 
ling the  care  of  their  patients,  and  examining  plans  and  specifications 
for  such  asylums. 

The  governor  must  annually  appoint  a  visiting  committee  of 
three,  one  from  the  members  of  the  senate  and  two  from  the  members 
of  the  assembly,  to  visit  the  state  hospitals  and  report  in  writing  to 
the  governor. 

b.  Institutional.     The  board  of  control  appoints  for  each  hospital 
a  superintendent,  a  matron  and  a  steward.       It  fixes  the  number 
of  subordinate  officers  and  may  remove  any  officer  and  employee  for 
cause.     All  staple  supplies  for  the  state  hospitals  are  purchased 
by  the  board  which  also  passes  monthly  in  advance  on  all  estimates 
for  expenditures,  and  plans  and  supervises  all  improvements. 

Each  county  asylum  for  the  care  of  the  chronic  insane  is  governed 
by  a  board  of  three  trustees  elected  by  the  county  board  for  terms 
of  three  years.  The  trustees  are  required  to  meet  at  least  once  in 
three  months  and  to  make  an  annual  report  to  the  county  clerk. 
In  any  county  maintaining  both  a  poorhouse  and  a  county  asylum 
for  the  insane,  the  trustees  of  the  latter  are  ex-officio  superintendents 
of  the  poor,  unless  the  county  board  orders  otherwise.  The  board 


263  WISCONSIN 

of  trustees  appoints  a  visiting  physician  and  a  superintendent  of  the 
county  asylum.  All  other  officers  are  appointed  by  the  superin- 
tendent, subject  to  the  approval  of  the  board  of  trustees. 

2.  CARE 

a.  In  state  institutions. 

Wisconsin  State  Hospital  for  the  Insane,  Mendota;  established  1860; 
650  beds. 

Northern  Hospital  for  the  Insane,  Winnebago;  established  1873; 
650  beds. 

Milwaukee  County  Hospital  for  Mental  Diseases,  Wauwatosa;  es- 
tablished 1880;  559  beds.  (A  semi-state  institution.) 

Central  State  Hospital  for  the  Insane,  Waupun;  established  1909; 
100  beds.  (For  the  criminal  insane.) 

b.  In  local  institutions.     The  chronic  or  incurable  insane  are  pro- 
vided for  in  the  county  asylums,  of  which  there  are  thirty-five  in 

the  state^  the  largest  is  the  Milwaukee  county  asylum  at  Wau-    603. 
watosa,    with    a   capacity  of   835   beds.     Any  county  board  may 
with  the  consent  of  the  state  board  of  control  establish  an  asylum 
for  the  care  of  the  chronic  insane.     Plans  of  buildings  must  be    ^i. 
approved  by  the  state  board  of  control.     Two  or  more  counties 
may  unite  in  maintaining  an  asylum. 

A  county  board  may  erect  a  hospital  for  insane  patients  who  are    1421-17. 
affected  by  pulmonary  tuberculosis  in  connection  with  a  county 
asylum  for  the  chronic  insane,  with  the  consent  of  the  board  of 
control. 

3.  COMMITMENT 

a.  Persons  committed.     All  insane  residents  of  the  state,  not  Pj^[j|!g tion  o£ 
idiots,  except  those  who  are  incurably  insane,  are  entitled  to  ad-    584- 
mission  to  the  state  hospitals  or  if  from  Milwaukee  county  to  the 
hospital  of  that  county.     Chronic  insane  are  admitted  to  the  county 
asylums  for  this  class. 

Patients  are  admitted  to  the  state  hospitals  from  the  several  583. 
counties  in  the  ratio  of  population,  but  each  county  is  entitled  to  the 
admission  of  at  least  two  if  desired.  An  insane  person  whose  resi- 
dence can  not  be  ascertained  must  be  received  by  the  superintendent 
as  a  patient  from  the  state  at  large,  and  not  be  charged  to  the  county 
as  one  of  the  number  to  which  it  is  entitled.  But  such  person  must 
be  charged  to  the  proper  county  when  his  residence  is  ascertained. 

b.  Legal  procedure  in  commitment.     Application  may  be  made  in  Application, 
behalf  of  a  person  supposed  to  be  insane  by  any  three  respectable 
citizens  to  the  judge  of  the  county  court  for  a  judicial  inquiry  as  to 

his  mental  condition  and  for  an  order  of  commitment  to  some  hospi- 


WISCONSIN 


264 


58s«- 


58sb. 


of°natientent 
commitment 


tal  or  asylum  for  the  insane.  The  judge  must  appoint  two  compe- 
tent and  disinterested  physicians  to  examine  the  person.  They  must 
be  graduates  of  a  legally  incorporated  medical  school  or  licensed  to 
practice  medicine  in  the  state,  and  must  have  had  at  least  two  years' 
practice  or  one  year's  experience  as  physicians  in  an  insane  hospital, 
and  be  registered  by  the  county  judge  as  qualified.  Before  making 
an  examination,  which  may  be  held  in  the  presence  of  the  judge, 
the  physicians  must,  if  it  seems  expedient,  notify  the  person  to  be 
examined  that  application  has  been  made  for  an  inquiry  into  his 
mental  condition,  but  may  withhold  notice  and  the  names  of  the 
applicants  if  it  seems  best,  in  which  case  they  must  state  their 
reasons  to  the  judge.  The  sworn  report  of  the  physicians  must  con- 
sist of  answers  to  questions  prescribed  by  law  and  are  to  be  made  in 
each  case,  whether  the  question  of  insanity  is  tried  before  a  jury  or 
otherwise,  and  must  be  forwarded  with  the  commitment  papers  to 
the  hospital  superintendent.  If  the  notice  provided  for  was  not 
given  to  the  person  supposed  to  be  insane,  the  judge  may  Appoint  a 
time  and  place  for  hearing  the  application,  and  must  serve  such 
notice.  If  notice  is  ordered,  and  no  jury  trial  requested,  the  judge 
may  proceed  at  the  time  and  place  specified  in  the  notice,  or  if  no 
notice  is  ordered  then  after  receiving  the  report  of  the  physicians, 
to  make  such  further  investigation  of  the  case  as  may  seem  to  him 
necessary.  If  satisfied  that  the  person  is  insane,  he  may  order  his 
commitment  to  the  hospital  or  asylum  for  the  insane  of  the  district 
to  which  the  county  belongs.  If  the  judge  thinks  the  interest  of  the 
person  alleged  to  be  insane  requires  it,  he  may  appoint  a  guardian 
ad  litem,  the  expenses  to  be  paid  by  the  county  in  which  the  proceed- 
ings  were  held.  If  demanded  by  the  person  alleged  to  be  insane  or 
byany  one  acting  in  his  behalf  before  or  after  commitment,  the 
judge  must  summon  a  jury  to  try  the  case  in  the  presence  of  the 
person  supposed  to  be  insane  and  his  counsel  and  immediate  friends 
and  the  medical  witnesses.  All  other  persons  are  excluded. 

If  the  jury  or  judge  find  that  the  person  alleged  to  be  insane  is  a 
fit  subject  to  be  sent  to  a  hospital  or  asylum,  the  judge  must  order 
him  committed  to  either  state  hospital.  If  he  is  a  resident  of  a 
county  having  an  asylum  for  the  chronic  insane,  and  the  judge  is 
satisfied  that  the  insanity  of  the  person  has  become  chronic,  he  may 
commit  him  to  such  asylum. 

^  district  court  in  any  county,  which  is  a  court  of  record,  has  the 
same  powers  in  respect  to  examination  of  persons  alleged  to  be 
insane  and  their  commitment  as  the  county  courts. 

^n  receipt  °f  an  application  for  the  commitment  of  a  person  alleged 
*°  ^e  insane  or  the  report  of  physicians,  the  judge  may  require  the 
sheriff  to  confine  him  in  some  specified  place  until  further  proceed- 


265  WISCONSIN 

ings  can  be  had.  The  judge  may  also  order  the  detention  of  any 
person  whose  sanity  is  being  investigated  for  proper  medical  observa- 
tion. But  no  person  may  be  confined  in  a  jail  or  other  prison  for 
confinement  of  criminals  or  any  poorhouse,  unless  it  appears  to  the 
judge  that  such  confinement  is  essential  to  the  safety  of  the  person  or 
that  of  the  public,  and  the  period  of  confinement  must  not  exceed  ten 
days,  unless  otherwise  ordered  by  the  judge.  The  county  board  of 
any  county  is  authorized  to  provide  suitable  buildings  for  the  pur- 
pose of  temporary  detention  of  the  alleged  insane. 

c.  Voluntary  admission.     A  person  who  may  be  insane  or  suf-  Application, 
fering  from  mental  disorder,  may,  upon  his  written  application 
stating  his  mental  condition,  supported  by  the  certificate  of  at  least 

two  physicians  possessing  the  qualifications  prescribed  by  law,  based 
upon  personal  examination  of  him,  be  admitted  as  a  voluntary 
patient  to  any  public  hospital  for  the  insane,  in  the  discretion  of  the 
superintendent.  A  person,  so  admitted  to  either  of  the  state  hos- 
pitals, if  not  indigent,  must  pay  such  sum  for  his  maintenance  as  the 
state  board  of  control  may  direct,  and  no  charge  for  his  maintenance 
may  be  made  against  any  county;  if  so  admitted  to  any  other  public 
institution  for  the  insane,  if  not  indigent,  the  trustees  thereof  fix  the 
compensation  to  be  paid.  Voluntary  patients  have  the  right  to 
leave  the  hospital  at  any  time  if  in  the  judgment  of  the  superin- 
tendent they  are  in  fit  condition,  on  giving  five  days'  notice  of  their 
desire  to  do  so. 

d.  Appeal  from  commitment.     On  his  own  verified  petition  or  that  I*™™-*01 
of  his  guardian  or  some  relative  or  friend,  a  person  adjudged  insane    587. 

or  detained  as  such,  may  have  a  re-trial  or  re-examination  as  to  his 
sanity  before  the  judge  of  the  circuit  court  or  county  court  or  any 
other  court  of  record  in  the  county  in  which  he  resides  or  was  ad- 
judged insane.  The  judge  receiving  the  petition  must  order  two 
qualified  physicians  (sec.  585)  to  examine  him  and  report,  fix  the 
time  and  place  of  examination  and  give  reasonable  notice  to  the 
guardian  of  the  person  to  be  examined,  and  to  the  superintendent 
of  the  hospital  or  asylum  in  which  he  may  be  detained,  all  of  whom 
may  appear  and  offer  testimony  at  the  examination.  If  the  physi- 
cians report  the  person  insane,  and  the  judge  is  satisfied  with  the 
correctness  of  it,  and  no  demand  for  a  jury  trial  is  made,  a  judgment 
to  that  effect  must  be  entered.  If  the  case  is  tried  by  jury  and  the 
jury  disagree,  it  must  be  discharged  and  another  jury  may  be  im- 
panelled. If  the  jury  find  the  person  sane,  the  judge  must  order 
his  discharge,  or,  if  insane,  order  him  returned  to  the  hospital  or  the 
asylum  where  he  may  be  detained.  Or  if  the  person  is  on  parole  or 
leave  of  absence,  he  must  be  allowed  to  remain  at  large  unless  the 
judge  is  satisfied  that  it  will  be  unsafe,  in  which  case  he  may  order 


WISCONSIN  266 

his  commitment  to  a  hospital.  In  case  no  jury  is  demanded,  the 
state  board  of  control,  acting  as  a  commission  in  lunacy,  may 
determine  the  sanity  or  insanity  of  a  person  committed  to  either  of 
the  state  hospitals  for  the  insane,  whether  he  is  an  actual  inmate 
thereof  or  at  large  on  parole,  or  committed  to  any  other  hospital  or 
asylum.  Its  determination  has  the  same  force  as  one  made  by  a 
judge;  or  the  board  may,  if  it  has  reason  to  doubt  the  insanity  of  the 
person  named,  request  the  proper  judge  to  make  due  inquiry.  The 
foregoing  provisions  do  not  apply  to  any  person  awaiting  trial  on  a 
charge  of  crime  who  is  committed  to  any  asylum  or  sentenced  to 
confinement  in  the  state  prison  or  state  reformatory,  who  has  been 
lawfully  adjudged  insane  and  been  transferred  to  either  of  those 
institutions  or  to  any  asylum,  until  the  expiration  of  the  term  for 
which  he  was  sentenced  to  imprisonment. 

Ha595*s  corpus>  All  persons  confined  in  either  state  hospital,  except  those  charged 
with  or  convicted  of  crime,  are  entitled  to  the  benefit  of  the  writ  of 
habeas  corpus,  and  the  question  of  insanity  must  be  determined  by 
the  court  or  judge  issuing  it.  The  decision  that  the  person  is  insane 
is  no  bar  to  the  issuance  of  a  writ  a  second  time  if  it  is  claimed  that 
the  person  has  been  restored  to  reason. 

s8sd<  e.  Cost  of  commitment.     All  expense  of  the  proceedings,  from 

the  presentation  of  the  application  to  the  actual  commitment  or 
discharge  of  an  insane  person,  whether  he  is  a  resident  or  non-resident 
of  the  county  in  which  the  proceedings  are  had,  are  paid  by  the 
county  from  which  he  is  committed.  If  any  county  is  chargeable 
with  some  portion  of  the  expense  of  maintaining  the  person  com- 
mitted, the  county  must  pay  the  expense  of  the  commitment. 

If  the  insane  person  is  a  resident  of  any  other  county  in  the  state 
than  the  one  from  which  he  was  committed,  the  county  in  which  he 
resides  must  reimburse  the  county  from  which  he  was  committed  all 
expenses  of  the  examination  and  commitment. 

4.  CONVEYING   PATIENTS   TO   THE   HOSPITAL 

Attendants.  The  warrant  of  the  court  to  take  a  person  to  a  hospital  may  be 
executed  by  a  relative  or  friend  of  the  patient  if  competent,  other- 
wise by  the  sheriff.  Every  female  over  ten  years  of  age  must  be 
accompanied  by  a  competent  female  attendant. 

5.  TRANSFER  OF  PATIENTS 

6o<*b-  All  inmates  of  the  state  institutions  for  the  insane  belonging  to  the 

county  and  held  as  chronic  or  incurable  may  be  transferred  to  county 
asylums,  as  well  as  all  other  persons  belonging  to  or  residing  in  the 
county,  who  have  been  adjudged  insane,  and  may  be  properly  con- 
fined in  such  an  asylum.  Whenever  any  insane  person  committed 


267  WISCONSIN 

to  any  asylum  is  found  to  be  acutely  insane,  and  to  require  per- 
manent or  special  treatment,  he  may  be  transferred  to  one  of  the 
state  hospitals,  and  committed  to  it. 

The  board  of  control  may  transfer  patients  from  one  hospital  or  By^6  board- 
asylum  to  another;  and,  if  to  the  benefit  of  the  patients  in  either 
of  the  state  hospitals,  may  remove  therefrom  any  chronic  insane 
person  not  chargeable  to  any  county  to  some  county  asylum. 

6.  PAROLE   AND   DISCHARGE   OF  PATIENTS 

The  superintendents  of  the  state  hospitals  and  of  the  Milwaukee  By  th.« 

*  superintendent. 

county  hospital  may  permit  any  inmate  to  go  at  large  on  parole,  s87- 
when  in  their  opinion  it  is  safe  and  proper  to  do  so.  If  within  two 
years  it  becomes  unsafe  to  allow  such  person  to  remain  at  large  any 
longer,  the  superintendent  must  require  his  return  to  the  hospital, 
unless  he  has  been  adjudged  sane  by  competent  authority.  At  the 
expiration  of  two  years,  the  presumption  of  insanity  against  such 
person  ceases,  and  until  a  new  adjudication  to  the  contrary,  it  must 
be  regarded  as  though  his  sanity  had  been  established  by  a  judicial 
examination. 

The  superintendent  of  any  county  asylum  may,  upon  the  written 
recommendation  of  the  visiting  physician,  permit  any  of  its  in- 
mates leave  of  absence  for  such  time  and  under  such  conditions  as 
he  may  direct. 

Incurable  and  harmless  patients  must  be  discharged  whenever  it  is  jjjjjjl^0* 
necessary  to  make  room  for  recent  or  more  hopeful  cases,  as  may  be    59«. 
ordered  by  the  state  board  of  control. 

If  the  relatives  or  friends  of  any  patient  ask  his  discharge,  except  Bonj  required, 
the  criminal  insane,  before  such  person  has  recovered  from  in- 
sanity, the  state  board  of  control  may  require  a  bond,  conditioned 
for  his  safe-keeping. 

7.  COST   OF   MAINTENANCE 

All  insane  persons  residents  of  the  state  admitted  to  state  hospitals  P^  fcy  the 
are  maintained  at  the  expense  of  the  state ;  but  the  county  in  which    s88- 
the  patient  resided  before  being  brought  to  the  hospital  must  pay 
for  all  necessary  clothing  and  a  fixed  sum  per  week  for  the  patient's 
support.     Relatives,  friends  or  guardians  of  a  patient  may  pay 
for  his  maintenance  and  provide  him  with  special  care  or  special 
attendants   upon   payment   in   advance   of  the   expenses.     When    594- 
neither  the  state  nor  the  county  is  properly  accountable  for  the 
support  of  a  patient  in  either  hospital,  the  state  board  of  control 
must  ascertain  the  residence  of  the  patient  and  secure  his  removal 
to  it,  if  practicable;  provided,  it  can  be  done  at  a  cost  not  exceeding 
$100. 


WISCONSIN 


268 


Estate  of 
insane  person 
liable  for 
his  support. 


menTby'state        Each  county  caring  for  its  own  chronic  insane  in  an  asylum  is 

6°4d.  entitled  to  receive  a  stated  sum  per  week  for  each  person  cared  for. 

6o4e.  gut  no  county  is  entitled  to  any  compensation  for  the  care  of  any 

person  who  has  not  been  adjudged  insane  and  properly  committed, 
nor  for  the  care  of  any  insane  person  whose  support  is  not  properly 
a  public  charge. 

5*5-  In  no  case  may  payment  be  made  by  the  state  toward  the  main- 

tenance of  a  patient  in  a  county  asylum  until  the  expiration  of  five 
days  after  the  state  board  of  control  has  received  copies  of  the 
commitment  papers  together  with  a  certificate  of  the  judge  stating 
the  reasons  for  sending  such  persons  to  the  county  asylum  instead 
of  to  the  hospital. 

The  property  and  estate  of  any  insane  patient  in  a  state  hospital 
or  county  asylum,  or  kept  by  any  county  at  its  charge,  and  of  a 
deceased  patient  of  a  hospital  or  asylum,  are  liable  for  his  continuing 

6°4*'  and  past  support  and  maintenance;  and  upon  failure  of  the  person 

having  custody  of  such  property  or  estate  to  pay  for  the  support  of 
the  patient,  the  state  board  of  control,  the  board  of  trustees  of  the 
asylum  or  the  board  of  the  county  furnishing  the  patient's  support 
may  apply  to  the  proper  county  judge  to  compel  payment. 

5848.  When  a  person  is  brought  before  the  county  judge  for  examination 

for  whose  support,  in  whole  or  in  part,  any  county  may  be  chargeable, 
he  must  give  due  notice  of  the  hearing  to  the  district  attorney  of 
the  county  supposed  to  be  chargeable  and  must  take  testimony 
showing  the  actual  and  legal  residence  of  such  person,  his  general 
financial  ability,  and  in  case  the  testimony  does  not  disclose  property 
sufficient  to  save  the  county  from  the  expense  of  his  support,  then 
the  general  financial  ability  and  residence  of  any  person  chargeable 
with  his  support. 

8.  CRIMINAL  INSANE 

with  The  courts  of  record  in  the  state  may  commit  for  safe- keeping  or 
treatment  to  the  hospitals  for  the  insane  any  person  charged  with 
or  convicted  of  any  crime  punishable  by  confinement  in  the  state 
prison,  and  awaiting  hearing,  trial,  conviction  or  sentence  on  ac- 
count of  the  alleged  insanity  at  the  time  of  the  commission  of  such 
crime  or  at  any  time  afterwards  and  prior  to  sentence. 

When  any  person  is  indicted  or  informed  against  for  any  offense 
and  it  is  claimed  before  trial  that  he  at  the  time  of  the  commission 
of  the  offense  was  insane  and  not  responsible  for  his  acts,  the  court 
must  order  the  question  tried  and  determined  by  the  jury.  If  the 
jury  finds  that  the  person  was  insane  or  that  there  was  reasonable 
doubt  of  his  sanity  at  the  time  of  the  commission  of  the  alleged 
offense,  they  must  return  a  verdict  of  not  guilty  because  insane. 


269  WISCONSIN 

The  court  must  thereupon  commit  him  to  one  of  the  state  hospitals 
for  the  insane,  to  be  detained  and  treated  until  he  can  be  discharged 
according  to  law.  A  re-examination  of  his  sanity  may  be  had  as  in 
the  case  of  other  patients,  but  no  person  thus  committed  may  be 
discharged  unless  the  magistrate  or  the  jury  passing  upon  his  sanity, 
in  addition  to  finding  him  sane,  also  find  that  he  is  not  likely  to  have 
such  a  recurrence  of  insanity  as  would  result  in  acts  which,  but  for 
insanity,  would  constitute  crimes. 

The  board  of  control,  acting  as  a  commission  in  lunacy,  may  ad-  £°™^sion 
judge  any  prisoner. in  the  state  prison,  in  any  county  jail  or  in  the  St^t6uI^es- 
Milwaukee  house  of  correction  to  be  insane  and  may,  with  the 
approval  of  the  governor  remove  him  to  the  state  hospital  for  the 
criminal  insane.     If  a  prisoner  thus  removed  recovers  his  reason 
before  the  expiration  of  his  sentence,  he  must,  by  order  of  the  board, 
be  returned  to  the  prison  from  whence  he  was  taken. 


270 
WYOMING 

Authority : 

Compiled  Statutes  of  Wyoming,  1910 

i.  ADMINISTRATION   AND   SUPERVISION 

fharitiesfand         a'  General.     The  state  board  of  charities  and  reform  is  composed 

reform.  of  the  governor,  the  secretary  of  state,  the  state  treasurer,  the  state 

ch.37.  auditor  and  the  state  superintendent  of  public  instruction.     The 

board  has  general  supervision  and  control  of  all  state  charitable, 

reformatory  and  penal  institutions.     One  or  more  of  the  members 

must  personally  inspect  all  state  institution  buildings  at  least  once 

every  year. 

439-  The  board  directs  the  general  management  of  the  state  institu- 

tions, is  responsible  for  the  proper  disbursement  of  all  funds  ap- 
propriated for  their  maintenance,  appoints  all  the  officers  and  pre- 
scribes their  duties  and  compensation. 

446.  The  secretary  of  the  board  makes  a  biennial  report  to  the  governor, 

superintendent,  b.  Institutional.  There  is  no  local  board  of  trustees.  The  super- 
intendent of  the  hospital  for  the  insane,  appointed  by  the  state 
board  and  subject  to  removal  by  it,  must  be  a  graduate  in  medicine, 
and  must  keep  a  full  account  of  all  his  doings,  and  of  the  operations 
of  the  institution,  submitting  a  monthly  report  to  the  state  board. 
He  employs  all  necessary  help  needed  at  the  hospital,  subject  to  the 
approval  of  the  state  board. 

2.  CARE 

448.  a.  In  state  institutions. 

Wyoming  State  Hospital  for  the  Insane,  Evanston;  established  1889; 
225  beds. 

3.  COMMITMENT 

460.  a.  Persons  committed.     Residents  of  the  state  who  become  in- 

sane are  entitled  to  admission  to  the  state  hospital.  Insane  persons 
who  have  not  acquired  a  legal  residence  must  be  returned  by  the 
state  board  of  charities  and  reform,  with  the  consent  of  the  governor, 
either  before  or  after  admission  to  the  state  hospital,  to  the  place  of 
their  residence,  at  the  expense  of  the  county  from  which  they  were 
committed. 

450.  Patients,  whose  friends  will  pay  for  them,  or  who  have  property 

to  pay  their  expenses,  are  admitted  to  the  state  hospital  on  terms 
prescribed  by  the  state  board. 
hea'An11  for          ^'  Legal  procedure  in  commitment.     Upon  verified  petition  in 

451-  prescribed  form  of  any  relative  or  friend  or  other  person  to  the 

district  court  or  a  judge  thereof,  that  a  person  is  insane,  or  incom- 


271  WYOMING 

petent  to  manage  hie  property,  the  court  must  notify  the  supposed 
insane  or  incompetent  person  of  the  time  and  place  of  hearing  the 
case  and  require  his  presence. 

The  determination  of  the  insanity  or  incompetency  of  any  person  Jury trial- 
is  by  a  jury  of  six  men  and  is  conducted  as  a  civil  action. 

If  the  jury  returns  a  verdict  that  the  person  tried  is  insane,  the  457. 
county  physician,  or  some  reputable  physician  appointed  by  the 
court  must  furnish  a  lunacy  statement  in  prescribed  form,  containing 
answers  to  the  questions  prescribed  and  must  return  it  to  the  clerk 
of  the  district  court,  within  three  days  after  the  finding  of  the  jury 
in  such  proceedings. 

The  jury,  in  addition  to  finding  upon  the  question  of  the  sanity  454- 
of  a  person,  must  find  the  value  of  his  estate,  if  any,  or  whether  he 
is  a  pauper.  If  he  has  estate,  the  judge,  commissioner  or  clerk 
presiding  over  the  proceedings  must  appoint  a  guardian  to  take 
charge  of  his  estate  in  the  manner  provided  in  relation  to  guardian- 
ship. 

The  committing  judge  must  in  addition  to  the  order  of  commit-    460. 
ment  and  the  statement  in  lunacy,  issue  a  certificate  showing  the    461. 
name,  age,  sex,  nativity,  and  occupation  of  the  person  committed 
and  his  place  of  residence.     The  clerk  of  the  court  must  send  a 
certified  copy  of  the  verdict  and  the  physician's  lunacy  statement, 
together  with  the  commitment  warrant  to  the  superintendent  of  the 
hospital  at  the  time  of  commitment. 

If  the  insane  person  sent  to  the  hospital  is  a  pauper,  the  clerk  of    463. 
the  court  must  provide  him  with  the  necessary  clothing  at  the 
county's  expense. 

c.  Voluntary  admission. 

d.  Appeal  from  commitment.     Persons  restrained  of  their  liberty  Ha6b^s  corPus- 
are  entitled  to  the  writ  of  habeas  corpus,  upon  sworn  petition  to  the    6  a 
supreme  or  district  court,  or  by  any  judge  of  either  of  those  courts.        6328. 

e.  Cost  of  commitment.     The  expense  of  the  proceedings  to  P^  tjy^6 
determine  the  question  of  a  person's  insanity  is  a  charge  against  his  Arties  not  able, 
estate.     If  he  has  none,  the  expense  is  borne  by  the  county  in  which 

the  proceeding  is  had.  If  the  jury  declares  the  person  to  be  sane, 
then  the  one  making  the  complaint,  except  a  county  officer,  must 
pay  the  expense  of  the  proceeding. 

The  state  pays  all  expenses  of  returning  recovered  patients,  and  of    473. 
patients  found  not  to  be  insane,  to  their  respective  homes  or  the 
county  from  which  they  were  committed. 

4.  CONVEYING  PATIENTS  TO  THE  HOSPITAL 

The  superintendent  of  the  hospital  for  the  insane  when  notified  ^o^tai   at- 
by  the  county  clerk,  must,  under  rules  provided  by  the  state  board,    464.  ' 


WYOMING  272 

have  the  insane  person  conducted  to  the  hospital  at  the  expense  of 
the  state. 

5.  TRANSFER  OF  PATIENTS 

6.  PAROLE  AND  DISCHARGE  OF  PATIENTS 

27.  COST  OF  MAINTENANCE 

Futebythe          Insane  poor  persons  are  supported  at  the  hospital  by  the  state. 

475.  The  guardian  of  an  insane  person  admitted  to  the  hospital  must  pay 
for  his  support  out  of  the  estate  of  such  ward. 

476.  Appropriations  out  of  the  county  treasury  for  the  care  of  any 
insane  person  may  be  recovered  from  any  person  who  is  bound  to 
provide  for  an  insane  person,  if  he  has  sufficient  ability  to  pay. 

8.  CRIMINAL  INSANE 

™esresdnor  aco"n-     ^he  state  board  of  charities  and  reform  must  provide  for  the  care 
victed  of  crime.  an(j  custody  of  all  persons  declared  insane  after  legal  inquiry  has 
been  made  who  are  accused  of,  or  convicted  of  crime,  at  the  state 
hospital,  or  at  a  private  institution  within  or  without  the  state. 
Hearing.  When  a  person  accused  of  or  convicted  of  crime,  who  is  confined 

in  any  penitentiary,  county  jail  or  other  place  of  confinement, 
awaiting  trial,  or  on  sentence,  is  of  unsound  mind,  the  officer  having 
him  in  charge  must  and  any  citizen  of  the  state  may,  make  com- 
plaint, and  the  question  of  the  sanity  of  the  person  must  be  tried  and 
determined  as  provided  by  law  in  the  case  of  other  persons  of  un- 
sound mind. 

470.  If  found  insane,  such  person  must  at  once  be  taken  to  the  place  of 
treatment  prescribed  by  the  state  board. 

471.  When  a  criminal  insane  person  recovers  his  reason,  he  must  be 
returned  to  the  penitentiary,  the  county  jail  or  other  place  of  im- 
prisonment where  he  was  previously  confined,  to  serve  out  the  re- 
maining term  of  imprisonment  if  any. 


MENTAL  HYGIENE 


QUARTERLY  MAGAZINE 

OF 

THE  NATIONAL  COMMITTEE  FOR  MENTAL  HYGIENE,  INC. 

50  UNION  SQUARE,  NEW  YORK  CITY 


EDITORIAL  BOARD 
THOMAS  W.  SALMON,  M.D. 

Medical  Director,  The  National  Committee  for  Mental  Hygiene 

FBANKWOOD  E.  WILLIAMS,  M.D. 

Associate  Medical  Director,  The  National  Committee  for  Mental  Hygiene 

GEORGE  BLUMER,  M.D.  WALTER  E.  FERNALD,  M.D. 

Dean  of  the  Yale  Medical  School  Superintendent,  Massachusetts  School  for  Feebleminded 

C.  MACFIE  CAMPBELL,  M.D.  AUGUST  HOCH,  M.D. 

Associate  Professor  of  Psychiatry,  Johns  Hopkins  University       Former  Director,  Psychiatric  Institute,  N.  Y.  State  Hospital 

STEPHEN  P.  DUGGAN,  PH.D.  STEWART  PATON,  M.D. 

Professor  of  Education,  College  of  the  City  of  New  York  Lecturer  in  Neuro-biology,  Princeton  University 


MENTAL  HYGIENE  aims  to  bring  dependable  information  to  everyone  whose 
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tative original  communications  and  reviews  of  important  books,  noteworthy  articles 
in  periodicals  out  of  convenient  reach  of  the  general  public,  reports  of  surveys,  spe- 
cial investigations,  and  new  methods  of  prevention  or  treatment  in  the  broad  field 
of  mental  hygiene  and  psychopathology  are  presented  and  discussed  in  as  non- 
technical a  way  as  possible.  Physicians,  lawyers,  educators,  clergymen,  public 
officials,  students  of  social  problems — in  fact,  all  thoughtful  readers — will  find  the 
magazine  of  especial  interest. 

During  the  war,  special  articles  dealing  with  the  nervous  and  mental  disorders  of 
soldiers  are  being  published  in  MENTAL  HYGIENE  by  medical  officers  of  the  Ameri- 
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bearing  on  this  subject  are  either  abstracted  or  republished  in  full. 

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